The bill amends existing laws regarding eminent domain, specifically targeting the use of condemnation for electric generation collector systems. It repeals the ability of entities that are not public utilities to exercise condemnation authority for the erection, placement, or expansion of these systems. The bill specifies that only public utilities with a certificate of public convenience and necessity can exercise this authority. Additionally, it introduces new requirements for existing easements, stating that commercial facilities generating electricity cannot use existing easement agreements to place additional energy collector systems without first complying with the new regulations.
Furthermore, the bill mandates that entities seeking to initiate a condemnation action must provide notice to the local governing bodies before proceeding. It also requires that any order granting an easement includes clauses related to liability for potential damages and reclamation requirements. The provisions of this act will apply to eminent domain actions initiated on or after July 1, 2025, and it will not affect existing contracts. The effective date for this legislation is also set for July 1, 2025.
Statutes affected: Introduced: 1-26-815