Title 35-A: PUBLIC UTILITIES HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
Part 3: ELECTRIC POWER HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
Chapter 31: GENERAL PROVISIONS HEADING: PL 1987, C. 141, PT. A, §6 NEW)
Subchapter 2: ENERGY PLANNING; CONSTRUCTION; PURCHASES HEADING: PL 1987, C. 141, PT. A, §6 (NEW)
§3136. Transmission and distribution utilities have eminent domain; approval
1.Land necessary for location of transmission lines carrying 5,000 volts.
Subject to approval by the commission under subsection 4, a transmission and distribution utility may take and hold by right of eminent domain
lands and easements necessary for the proper location of its transmission lines that
are designed to carry voltages of 5,000 volts or more and of necessary appurtenances,
located within the territory in which the utility is authorized to do public utility
business, in the same manner and under the same conditions as set forth in chapter
2007, c. 148, §12 (AMD)
2.Right of eminent domain not applicable.
The right of eminent domain granted in subsection 1 does not apply to:
A. Lands or easements located within 300 feet of an inhabited dwelling; [1987, c. 141, Pt. A, §6 (NEW).]
B. Lands or easements on or adjacent to any developed or undeveloped water power; [1987, c. 141, Pt. A, §6 (NEW).]
C. Lands or easements so closely paralleling existing wire lines of other utilities
that the proposed transmission lines would substantially interfere with service rendered
over the existing lines, except with the consent of the owners; [2001, c. 608, §2 (AMD).]
D. Lands or easements owned or used by railroad corporations, except as authorized
pursuant to section 2311; and [2001, c. 608, §2 (AMD).]
E. Lands or easements owned by the State. [2001, c. 608, §2 (NEW).]
2001, c. 608, §2 (AMD)
3.Prior right to locate distribution lines and appurtenances in right-of-way limits
of public way.
Subject to approval by the commission under subsection 4, transmission and distribution utilities may take and hold by right of eminent domain land or easements
necessary for the proper location of their distribution lines and the necessary appurtenances,
but only where the transmission and distribution utilities had a prior right to locate
their distribution lines and necessary appurtenances in the right-of-way limits of
a public way and the body having jurisdiction over the public way has caused the utility
to remove its distribution lines and appurtenant structures outside the right-of-way
limits of the public way. This right does not apply to lands or easements as specified
in subsection 2, paragraphs B, C, D and E.
2007, c. 148, §13 (AMD)
4.Commission approval required; certificate of public convenience and necessity; environmental
A location to be taken by eminent domain for such transmission or distribution lines
must be approved by the commission before a transmission and distribution utility can exercise the right of eminent domain
granted in subsection 1 or subsection 3. The commission may not approve a location to be taken by eminent domain for the construction,
rebuilding or relocation of a transmission line that requires a certificate of public
convenience and necessity under section 3132, unless the commission has issued a certificate
of public convenience and necessity for that transmission line. Environmental factors to be considered for proper location of a transmission line
are not subject to review by the commission under this section when the location of the transmission line has received site location of development
approval under Title 38, section 484.
2007, c. 148, §14 (AMD)
1987, c. 141, §A6 (NEW).
1999, c. 398, §A51 (AMD).
1999, c. 398, §§A104,105 (AFF).
2001, c. 608, §§2,3 (AMD).
2007, c. 148, §§12-14 (AMD).
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