SS/HCS/HB 2005 - This act modifies provisions relating to eminent domain for electrical corporations. The authority for an electrical corporation, as defined in the act, to condemn property for purposes of constructing electric plant subject to a certificate of convenience and necessity shall not extend to the construction of a merchant transmission line with Federal Regulatory Energy Commission negotiated rate authority unless such line has a substation or converter station located in Missouri which is capable of delivering an amount of its electrical capacity to electrical customers in this state that is greater than or equal to the proportionate number of miles of the line that passes through the state. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.010)
If an electrical corporation acquires any involuntary easement in this state by means of eminent domain and does not obtain the financial commitments necessary to construct a project for which the involuntary easement was needed in this state within 7 years of the date that such easement rights are recorded, the corporation shall return possession of the easement to the title holder within 60 days and record the dissolution with the county recorder of deeds. In the event of such return of the easement to the title holder, no reimbursement of any payment made by the corporation to the title holder shall be due. (Section 523.025)
For eminent domain proceedings of any agricultural or horticultural property by an electrical corporation for purposes of constructing electric plant subject to a certificate of convenience and necessity, just compensation shall be an amount equivalent to 150% of fair market value as determined by the court. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.039)
In any eminent domain proceeding involving agricultural or horticultural property for purposes of constructing electric plant subject to a certificate of convenience and necessity, at least one of the disinterested commissioners appointed by the court shall be a farmer who has been engaged in farming for a minimum of 10 years in the county where such property is situated. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.040)
A condemning authority shall be deemed to have engaged in good faith negotiations if, for condemnation of any agricultural or horticultural property for the construction of an electrical transmission line designed to transmit electricity at 345 kilovolts or greater, but not for condemnation of such property by an electrical corporation operating under a cooperative business plan, for the purpose of constructing electric plant subject to a certificate of convenience and necessity, the total compensation package offered was no lower than the amount reflected in an appraisal performed by a state-licensed or state-certified appraiser for the condemning authority multiplied by 150% percent. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022. (Section 523.256)
This act is identical to provisions in the truly agreed CCS/HCS/SB 820 (2022) and similar to SB 1211 (2022) and HCS/HB 1876 (2022).
JAMIE ANDREWS