§ 35-A §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 and the requirements of subsection 6, if applicable, 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 65. Notwithstanding section 6501, subsection 1 and section 6507, subsection 4, owners are entitled to damages for all property taken by eminent domain in accordance with subsection 5.
2.
Right of eminent domain not applicable.
The right of eminent domain granted in subsection 1 does not apply to:
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.
4.
Commission approval required; certificate of public convenience and necessity; offer requirements for high-impact electric transmission line; environmental factors.
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 and, for a high‑impact electric transmission line, the transmission and distribution utility has met the offer requirements described in paragraph A. 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.
5.
Owner entitled to damages.
The owner of a property taken by eminent domain by a transmission and distribution utility for the construction, rebuilding or relocation of a transmission line is entitled to damages for all property taken, which must be determined using the methods set forth in Title 23, sections 154 to 154‑F.
6.
Taking by transmission and distribution utility of location on property that is 200 acres or less for high-impact electric transmission line; owner option.
If the commission, in accordance with subsection 4, approves a taking by eminent domain by a transmission and distribution utility for the construction, rebuilding or relocation of a high‑impact electric transmission line when the location subject to the taking is a lot or parcel of real property that is 200 contiguous acres or less and the transmission and distribution utility seeks and the commission has approved a taking of less than the entire property, the following requirements apply:
7.
Property taken for high-impact electric transmission line; notice and educational materials.
The commission shall adopt routine technical rules regarding the provision of notice to an owner of real property whose property may be taken by eminent domain for the construction, rebuilding or relocation of a high‑impact electric transmission line by an entity selected to construct a high‑impact electric transmission line pursuant to section 3210‑I, subsection 2, or a transmission and distribution utility as well as to an owner of real property whose property abuts the proposed high‑impact electric transmission line. The notice must include educational materials that include, but are not limited to, materials describing the high‑impact electric transmission line development process and must be sent by certified mail. The rules must establish requirements for the notice and educational materials including:
8.
High-impact electric transmission line; fees and expenses incurred by property owner.
A transmission and distribution utility that takes a location by eminent domain for the construction, rebuilding or relocation of a high‑impact electric transmission line is responsible for a property owner's fees and expenses associated with seeking an award of damages in accordance with this subsection.
9.
Definition.
For the purposes of this section, "high‑impact electric transmission line" means a transmission line of any length that is:

Legislative History

PL 1987, c. 141, §A6 (NEW). PL 1999, c. 398, §A51 (AMD). PL 1999, c. 398, §§A104,105 (AFF). PL 2001, c. 608, §§2,3 (AMD). PL 2007, c. 148, §§12-14 (AMD). PL 2023, c. 644, §§3-9 (AMD).