A bill for an act relating to common carriers and including effective date and applicability provisions.
Impact
The enactment of SF95 has significant implications for state laws governing eminent domain and land use. It places a higher evidential standard on acquiring agencies that seek to exercise eminent domain for projects involving hazardous liquids. By mandating that these agencies demonstrate that such projects are for public use or purpose, the bill aims to protect private landowners from being compelled to surrender their land without sufficient justification. This change could potentially deter some common carrier projects unless agencies can clearly prove their public benefit.
Summary
Senate File 95 (SF95) relates to the definition and regulation of common carriers, specifically in the context of eminent domain laws. The bill amends existing legislation, detailing the criteria under which a commercial enterprise is classified as a common carrier, primarily focusing on those transporting hazardous liquids. SF95 stipulates that a carrier must establish, through clear and convincing evidence, that it will transport goods for unaffiliated shippers to qualify as a common carrier. This is a shift from prior regulations that required only a preponderance of evidence.
Contention
Notable points of contention surrounding SF95 arise from concerns over the greater burden placed on agencies seeking to utilize eminent domain. Proponents argue that increasing the evidential standard serves to protect property rights and ensures that land is only taken for truly public purposes. Conversely, opponents may view this as a hindrance to necessary developments, particularly those that involve infrastructure for public safety, such as hazardous liquid pipelines. The balance between public needs and private property rights remains a focal point for stakeholders involved in these discussions.