1.1 	A bill for an act
1.2 	relating to eminent domain; repealing certain exemptions for public service 
1.3 	corporations;amending Minnesota Statutes 2006, sections 117.225; 117.48; 
1.4 	repealing Minnesota Statutes 2006, section 117.189.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 117.225, is amended to read:
1.7 	117.225 EASEMENT DISCHARGE.
1.8 	Whenever claiming that an easement acquired by condemnation is not being used 
1.9 	for the purposes for which it was acquired, the underlying fee owner may apply to the 
1.10 	district court of the county in which the land is situated for an order discharging the 
1.11 	easement, upon such terms as are just and equitable. Due notice of said application shall 
1.12 	be given to all interested parties. Provided, however, this section shall not apply to 
1.13 	easements acquired by condemnation by a public service corporation now or hereafter 
1.14 	doing business in the state of Minnesota.

1.15 	Sec. 2. Minnesota Statutes 2006, section 117.48, is amended to read:
1.16 	117.48 CRUDE OILNATURAL GAS PIPELINE COMPANIES, EMINENT 
1.17 	DOMAIN.
1.18 	The business of transporting crude petroleum, oil, their related products and 
1.19 	derivatives including liquefied hydrocarbons, or natural gas by pipeline as a common 
1.20 	carrier, which is regulated by the Minnesota Public Utilities Commission in accordance 
1.21 	with chapter 216B, is declared to be in the public interest and necessary to the public 
1.22 	welfare, and the taking of private property therefor is declared to be for a public use and 
1.23 	purpose. Any corporation or association qualified to do business in the state of Minnesota 
2.1 	engaged in or preparing to engage in the business of transporting crude petroleum, oil, 
2.2 	their related products and derivatives including liquefied hydrocarbons, or natural gas by 
2.3 	pipeline as a common carrier, is authorized to acquire, for the purpose of such business, 
2.4 	easements or rights-of-way, over, through, under or across any lands, not owned by the 
2.5 	state or devoted to a public purpose for the construction, erection, laying, maintaining, 
2.6 	operating, altering, repairing, renewing and removing in whole or in part, a pipeline for 
2.7 	the transportation of crude petroleum, oil, their related products and derivatives including 
2.8 	liquefied hydrocarbons, or natural gas. To such end it shall have and enjoy the power of 
2.9 	eminent domain to be exercised in accordance with this chapter, and acts amendatory 
2.10 	thereof, all of which provisions shall govern insofar as they may be applicable hereto. 
2.11 	Nothing herein shall be construed as authorizing the taking of any property owned by the 
2.12 	state, or any municipal subdivision thereof, or the acquisition of any rights in public 
2.13 	waters except after permit, lease, license or authorization issued pursuant to law.

2.14 	Sec. 3.  REPEALER.
 2.15 	Minnesota Statutes 2006, section 117.189, is repealed.