The bill amends the Uniform Condemnation Procedures Act by updating Section 6 to clarify the process for property owners who wish to challenge the necessity of property acquisition. It stipulates that property owners must file a motion within a specified timeframe after being served with a complaint, and a hearing must occur no later than 30 days after the motion is filed. The bill also establishes that for acquisitions by public agencies, their determination of necessity is binding unless there is evidence of fraud, legal error, or abuse of discretion. For private agency acquisitions, the court will assess the public necessity, requiring clear and convincing evidence from independent or affiliated transmission companies to demonstrate that their proposed route for transmission lines is more reasonable than alternatives.

Additionally, the bill introduces specific criteria for the court to prioritize when evaluating proposed routes for transmission lines, including routes adjacent to public land, existing rights-of-way, and property boundaries. The court is required to render a decision within 60 days of the hearing, and the determination of necessity is deemed a final judgment, with limited appeal options. If no motion is filed, necessity is conclusively presumed to exist, waiving the right to further review. The bill also defines terms related to independent and affiliated transmission companies as per the Electric Transmission Line Certification Act.

Statutes affected:
House Introduced Bill: 213.56