This bill addresses the exercise of eminent domain specifically for energy collector systems associated with commercial electricity generation facilities. It establishes new compensation standards for property condemned for such systems, requiring that compensation be based on either the fair market value of the property rights taken or the difference in fair market value of the entire property before and after the taking. The bill mandates that entities seeking to condemn property must negotiate land use and compensation agreements with at least 85% of the landowners involved and provide proof of compliance with these requirements in any condemnation complaint. Additionally, it outlines the necessity for notice to local governing bodies prior to commencing condemnation actions and includes provisions regarding existing easements.

The bill also introduces definitions related to energy collector systems and repeals a previous provision that restricted condemnation authority for wind energy collector systems. It specifies that the new regulations will apply to condemnation actions initiated on or after July 1, 2025, and clarifies that existing contracts will not be affected by this act. The effective date for the bill is set for July 1, 2025.

Statutes affected:
25LSO-0101 v0.6: 1-26-502, 1-26-701, 1-26-815, 34-27-105