1.1.................... moves to amend H.F. No. 655 as follows:
1.2Page 1, after line 18, insert:
1.3 "Sec. 2. Minnesota Statutes 2012, section 216E.12, subdivision 4, is amended to read:
1.4 Subd. 4.
Contiguous land. (a) When private real property that is an agricultural or
1.5nonagricultural homestead, nonhomestead agricultural land, rental residential property,
1.6and both commercial and noncommercial seasonal residential recreational property, as
1.7those terms are defined in section
273.13 is proposed to be acquired for the construction
1.8of a site or route for a high-voltage transmission line with a capacity of 200 kilovolts or
1.9more by eminent domain proceedings, the
fee owner
, or when applicable, the fee owner
1.10with the written consent of the contract for deed vendee, or the contract for deed vendee
1.11with the written consent of the fee owner, shall have the option to require the utility to
1.12condemn a fee interest in any amount of contiguous
, commercially viable land which the
1.13owner
or vendee wholly owns
or has contracted to own in undivided fee and elects in
1.14writing to transfer to the utility within 60 days after receipt of the notice of the objects of
1.15the petition filed pursuant to section
117.055.
Commercial viability shall be determined
1.16without regard to the presence of the utility route or site. Within 60 days after receipt by
1.17the utility of a fee owner's election to exercise this option, the utility shall provide written
1.18notice to the fee owner of any objection the utility has to the fee owner's election, and
1.19if no objection is made within that time, any objection shall be deemed waived. Within
1.2090 days of the service of an objection by the utility, the district court having jurisdiction
1.21over the eminent domain proceeding shall hold a hearing to determine whether the utility's
1.22objection is upheld or rejected. The owner
or, when applicable, the contract vendee shall
1.23have only one such option and may not expand or otherwise modify an election without
1.24the consent of the utility. The required acquisition of land pursuant to this subdivision
1.25shall be considered an acquisition for a public purpose and for use in the utility's business,
1.26for purposes of chapter 117 and section
500.24, respectively; provided that a utility shall
1.27divest itself completely of all such lands used for farming or capable of being used
2.1for farming not later than the time it can receive the market value paid at the time of
2.2acquisition of lands less any diminution in value by reason of the presence of the utility
2.3route or site. Upon the owner's election made under this subdivision, the easement interest
2.4over and adjacent to the lands designated by the owner to be acquired in fee, sought in
2.5the condemnation petition for a right-of-way for a high-voltage transmission line with a
2.6capacity of 200 kilovolts or more shall automatically be converted into a fee taking.
The
2.7owner's election made under this subdivision does not render the fee taking voluntary.
2.8(b) All rights and protections provided to an owner under chapter 117, including in
2.9particular sections 117.031, 117.036, 117.186, and 117.52, apply to acquisition of land
2.10or an interest in land under this section.
2.11(c) Within 90 days of an owner's election under this subdivision to require the utility
2.12to acquire land, or 90 days after a district court decision overruling a utility objection to an
2.13election made pursuant to paragraph (a), the utility must make a written offer to acquire
2.14that land and amend its condemnation petition to include the additional land.
2.15(d) For purposes of this subdivision, "owner" means the fee owner, or when
2.16applicable, the fee owner with the written consent of the contract for deed vendee, or the
2.17contract for deed vendee with the written consent of the fee owner.
2.18EFFECTIVE DATE.This section is effective the day following final enactment
2.19and applies to eminent domain proceedings or actions pending or commenced on or after
2.20that date. "Commenced" means when service of notice of the petition under Minnesota
2.21Statutes, section 117.055, is made."
2.22Amend the title accordingly