1.1                          A bill for an act
  1.2             relating to railroads; authorizing the commissioner of 
  1.3             transportation to hear and resolve disputes concerning 
  1.4             railroad charges to public utilities for rights to 
  1.5             erect lines across railroad right-of-way; making 
  1.6             technical changes; amending Minnesota Statutes 1996, 
  1.7             section 222.01. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 222.01, is 
  1.10  amended to read: 
  1.11     222.01 [AIR RIGHTS AFFECTING PUBLIC SERVICE COMPANY.] 
  1.12     Subdivision 1.  [APPROVAL OF AIR RIGHTS TRANSFER.] Before 
  1.13  any air rights over or affecting the property or easements of 
  1.14  any railway railroad company or other public utility company are 
  1.15  leased, sold, acquired or used, application shall be made to the 
  1.16  commissioner of transportation for permission to acquire or use 
  1.17  such rights.  The commissioner is hereby authorized to hear said 
  1.18  application and to determine whether or not such permission 
  1.19  shall be granted; provided, that in all cases where said air 
  1.20  rights are within the corporate limits of cities of the first 
  1.21  class, said rights shall only be acquired, held or used with the 
  1.22  consent of the common council or other governing body of such 
  1.23  city. 
  1.24     Subd. 2.  [CHARGES TO BE REASONABLE.] Any public utility 
  1.25  that has obtained from a railroad company, by easement or 
  1.26  otherwise, the right to erect lines across the railroad's 
  2.1   right-of-way, and that believes the charges made or proposed by 
  2.2   the railroad company for that right are unjust and unreasonable, 
  2.3   may request the commissioner of transportation to review the 
  2.4   charges.  After receiving the request and after notice to all 
  2.5   parties, the commissioner shall hold a public hearing on the 
  2.6   charges.  If, after the public hearing, the commissioner 
  2.7   determines that the charges are unjust and unreasonable, the 
  2.8   commissioner may by order prescribe a just and reasonable 
  2.9   charge.  The order may also prescribe the period of time for 
  2.10  which the charge is to be effective.  No railroad company may 
  2.11  impose a charge on a public utility for the right to erect lines 
  2.12  across the railroad's right-of-way that differs from a charge 
  2.13  prescribed by the commissioner under this section for that right.