|
lines and pipelines do not anticipate drawing or creating speak of and no energy value appears in the ROW
<br /> energy from the ROW;thus,there is no energy value to agreement.
<br /> Eminent Domain
<br /> "Eminent domain" is the power to take privately owned The utility begins a condemnation proceeding by filing a
<br /> property, particularly land, and convert it to public use, petition with the appropriate District Court. Landowners
<br /> subject to reasonable compensation for the taking. must receive notice of the petition (Minn. Stat.
<br /> Despite good faith negotiations, it's possible that a §117.055). A landowner may object to the granting of
<br /> landowner and utility will not reach agreement on the the petition and may appeal the issuance of a petition. If
<br /> terms of a ROW agreement. Under these circumstances, the petition is granted, the property interest (i.e.,
<br /> once it obtains the necessary PUC permits,the utility has easement or fee simple ownership) is transferred to the
<br /> the right to use eminent domain power to initiate utility, and the issue of compensation is taken up. The
<br /> condemnation proceedings. However, until the utility Court must appoint three impartial commissioners for
<br /> receives the necessary permits, it may not initiate such a the condemnation proceeding to ascertain the amount of
<br /> proceeding. compensation due to the landowner for the taking of the
<br /> property (Minn. Stat. §117.075). The commissioners
<br /> Minnesota Statutes Chapter 117 (Minn. Stat. §117, titled have broad powers to hear and consider"allegations and
<br /> "Eminent Domain") describes the procedures to be proofs of all persons interested" (Minn. Stat. §117.085).
<br /> followed for condemnation proceedings in Minnesota. The commissioners' decision is considered final;
<br /> The intent of Chapter 117 is to determine, through a fair however, landowners may appeal the decision and may
<br /> process, what payment is due the landowner for the use request a jury trial.
<br /> of his or her land. Chapter 117 provides protections for
<br /> landowners. The utility must negotiate in good faith A landowner who chooses not to negotiate a ROW on
<br /> with the landowner, and provide the landowner with a his or her property and instead requires the utility to use
<br /> copy of an appraisal of the property before beginning a eminent domain power by initiating a condemnation
<br /> condemnation proceeding (Minn. Stat. §117.036). The process, would likely benefit from legal counsel.
<br /> landowner can obtain an appraisal and may be Condemnation proceedings can be time consuming and
<br /> reimbursed, within statutory limits, for the reasonable expensive;however, some landowners may feel this time
<br /> costs of this appraisal(Minn. Stat. §117.036). and expense is necessary and worthwhile.
<br /> References and Resources
<br /> • Minnesota Statutes,Law,and Rules,http://www.revisor.mn.gov/pubs/
<br /> • Minnesota Session Laws,2010,Chapter 288,https://www.revisor.mn.gov/laws/?id=288&doctype=Chapter&year=2010&type=0
<br /> • "Eminent Domain:Just Compensation,"Minnesota House of Representatives,House Research,
<br /> http://www.house.leg.state.mn.us/hrd/pubs/ss/clssedj ust.htm
<br /> • Resources on Minnesota Issues,Eminent Domain,Minnesota Legislative Reference Library,
<br /> http://www.leg.state.mn.us/lrl/issues/eminentdomain.asp
<br /> • "Summary Guide to Eminent Domain,"Bruce D.Malkerson,Howard A.Roston,and Patrick B. Steinhoff(2006),available for
<br /> purchase from Minnesota CLE,http://www.minncle.org
<br /> • "Right-of-Way and Easements for Electric Facility Construction,"Public Service Commission of Wisconsin,
<br /> http://psc.wi.gov/thelibrary/publications/electric/electric02.pdf
<br /> • "The Effects of Overhead Transmission Lines on Property Values:A Review and Analysis of the Literature,"Cynthia A.Kroll
<br /> and Thomas Priestley,Edison Electric Institute(1992),http://staff.haas.berkeley.edu/kroll/pubs/tranline.pdf
<br /> • "Do High Voltage Electric Transmission Lines Affect Property Value?,"Stanley W.Hamilton and Gregory M. Schwann,Land
<br /> Economics,Vol.71,No.4(Nov., 1995),p.436-444
<br /> • "The Impact of Transmission Lines on Property Values: Coming to Terms with Stigma,"Peter Elliott,David Wadley,Property
<br /> Management,20(2),(2002),p. 137-152. http://espace.library.uq.edu.au/eserv/U0:8095/dw_pm 02.pdf
<br /> • "Power Lines and Property Values Revisited,"Jennifer M.Pitts,Thomas 0.Jackson,Appraisal Journal,Fall 2007,
<br /> http://www.entrepreneur.com/tradejoumals/article/171851335.html
<br /> Minnesota Department of Commerce,Office of Energy Security
<br /> 85 7th Place East, Suite 500,Saint Paul,MN 55101,651.296.4026
<br /> http://energyfacilities.puc.state.mn.us
<br /> 12.13.10 4
<br />
|