Missouri 2025 Regular Session

Missouri Senate Bill SB199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	FIRST REGULAR SESSION
3	3	SENATE BILL NO. 199
4	4	103RD GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR BEAN.
6	6	0706S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 523.010, RSMo, and to enact in lieu thereof one new section relating to
9	9	condemnation of land by certain utilities.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 523.010, RSMo, i s repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 523.010, 2
14	14	to read as follows:3
15	15	523.010. 1. In case land, or other property, is 1
16	16	sought to be appropriated by any road, railroad, street 2
17	17	railway, telephone, telegraph or a ny electrical corporation 3
18	18	organized for the manufacture or transmission of electric 4
19	19	current for light, heat or power, including the 5
20	20	construction, when that is the case, of necessary dams and 6
21	21	appurtenant canals, flumes, tunnels and tailraces and 7
22	22	including the erection, when that is the case, of necessary 8
23	23	electric steam powerhouses, hydroelectric powerhouses and 9
24	24	electric substations or any oil, pipeline or gas corporation 10
25	25	engaged in the business of transporting or carrying oil, 11
26	26	liquid fertilizer solu tions, or gas by means of pipes or 12
27	27	pipelines laid underneath the surface of the ground, or 13
28	28	other corporation created under the laws of this state for 14
29	29	public use, and such corporation and the owners cannot agree 15
30	30	upon the proper compensation to be paid, or in the case the 16
31	31	owner is incapable of contracting, be unknown, or be a 17
32	32	nonresident of the state, such corporation may apply to the 18 SB 199 2
33	33	circuit court of the county of this state where such land or 19
34	34	any part thereof lies by petition setting forth the gener al 20
35	35	directions in which it is desired to construct its road, 21
36	36	railroad, street railway, telephone, or telegraph line or 22
37	37	electric line, including, when that is the case, the 23
38	38	construction and maintenance of necessary dams and 24
39	39	appurtenant canals, tunnels, flumes and tailraces and, when 25
40	40	that is the case, the appropriation of land submerged by the 26
41	41	construction of such dam, and including the erection and 27
42	42	maintenance, when that is the case, of necessary electric 28
43	43	steam powerhouses, hydroelectric powerhouses and electric 29
44	44	substations, or oil, pipeline, liquid fertilizer solution 30
45	45	pipeline, or gas line over or underneath the surface of such 31
46	46	lands, a description of the real estate, or other property, 32
47	47	which the company seeks to acquire; the names of the owners 33
48	48	thereof, if known; or if unknown, a pertinent description of 34
49	49	the property whose owners are unknown and praying the 35
50	50	appointment of three disinterested residents of the county, 36
51	51	as commissioners, or a jury, to assess the damages which 37
52	52	such owners may severally sustain in consequence of the 38
53	53	establishment, erection and maintenance of such road, 39
54	54	railroad, street railway, telephone, telegraph line, or 40
55	55	electrical line including damages from the construction and 41
56	56	maintenance of necessary dams and the condemn ation of land 42
57	57	submerged thereby, and the construction and maintenance of 43
58	58	appurtenant canals, flumes, tunnels and tailraces and the 44
59	59	erection and maintenance of necessary electric steam 45
60	60	powerhouses, hydroelectric powerhouses and electric 46
61	61	substations, or oil, pipeline, or gas line over or 47
62	62	underneath the surface of such lands; to which petition the 48
63	63	owners of any or all as the plaintiff may elect of such 49
64	64	parcels as lie within the county or circuit may be made 50 SB 199 3
65	65	parties defendant by names if the names are known, and by 51
66	66	the description of the unknown owners of the land therein 52
67	67	described if their names are unknown. 53
68	68	2. If the proceedings seek to affect the lands of 54
69	69	persons under conservatorship, the conservators must be made 55
70	70	parties defendant. If the present owner of any land to be 56
71	71	affected has less estate than a fee, the person having the 57
72	72	next vested estate in remainder may at the option of the 58
73	73	petitioners be made party defendant; but if such 59
74	74	remaindermen are not made parties, their interest sha ll not 60
75	75	be bound by the proceedings. 61
76	76	3. It shall not be necessary to make any persons party 62
77	77	defendants in respect to their ownership unless they are 63
78	78	either in actual possession of the premises to be affected 64
79	79	claiming title or having a title of the premises appearing 65
80	80	of record upon the proper records of the county. 66
81	81	4. Except as provided in subsection 5 of this section, 67
82	82	nothing in this chapter shall be construed to give a public 68
83	83	utility, as defined in section 386.020, or a rural electric 69
84	84	cooperative, as provided in chapter 394, the power to 70
85	85	condemn property which is currently used by another provider 71
86	86	of public utility service, including a municipality or a 72
87	87	special purpose district, when such property is used or 73
88	88	useful in providing utilit y services, if the public utility 74
89	89	or cooperative seeking to condemn such property, directly or 75
90	90	indirectly, will use or proposes to use the property for the 76
91	91	same purpose, or a purpose substantially similar to the 77
92	92	purpose for which the property is being used by the provider 78
93	93	of the public utility service. 79
94	94	5. A public utility or a rural electric cooperative 80
95	95	may only condemn the property of another provider of public 81
96	96	utility service, even if the property is used or useful in 82 SB 199 4
97	97	providing utility servi ces by such provider, if the 83
98	98	condemnation is necessary for the public purpose of 84
99	99	acquiring a nonexclusive easement or right -of-way across the 85
100	100	property of such provider and only if the acquisition will 86
101	101	not materially impair or interfere with the current use of 87
102	102	such property by the utility or cooperative and will not 88
103	103	prevent or materially impair such provider of public utility 89
104	104	service from any future expansion of its facilities on such 90
105	105	property. 91
106	106	6. If a public utility or rural electric cooperati ve 92
107	107	seeks to condemn the property of another provider of public 93
108	108	utility service, and the conditions in subsection 4 of this 94
109	109	section do not apply, this section does not limit the 95
110	110	condemnation powers otherwise possessed by such public 96
111	111	utility or rural electric cooperative. 97
112	112	7. Suits in inverse condemnation or involving 98
113	113	dangerous conditions of public property against a municipal 99
114	114	corporation established under Article VI, Section 30(a) of 100
115	115	the Missouri Constitution shall be brought only in the 101
116	116	county where such land or any part thereof lies. 102
117	117	8. For purposes of this chapter, the authority for an 103
118	118	electrical corporation as defined in section 386.020, except 104
119	119	for an electrical corporation operating under a cooperative 105
120	120	business plan as described in section 393.110, to condemn 106
121	121	property for purposes of constructing an electric plant 107
122	122	subject to a certificate of public convenience and necessity 108
123	123	under subsection 1 of section 393.170 shall not extend to 109
124	124	the construction of a merchant transmission line with 110
125	125	Federal Energy Regulatory Commission negotiated rate 111
126	126	authority unless such line has a substation or converter 112
127	127	station located in Missouri which is capable of delivering 113
128	128	an amount of its electrical capacity to electrical customers 114 SB 199 5
129	129	in this state that is greater than or equal to the 115
130	130	proportionate number of miles of the line that passes 116
131	131	through the state. The provisions of this subsection shall 117
132	132	not apply to applications filed pursuant to section 393.170 118
133	133	prior to August 28, 2022. 119
134	134	9. For the purposes of this chapter, the authority of 120
135	135	any corporation set forth in subsection 1 of this section to 121
136	136	condemn property shall not extend to: 122
137	137	(1) The construction or erection of any plant, tower, 123
138	138	panel, or facility that utilizes, captures, or con verts wind 124
139	139	or air currents to generate or manufacture electricity; or 125
140	140	(2) The construction or erection of any plant, tower, 126
141	141	panel, or facility that utilizes, captures, or converts the 127
142	142	light or heat generated by the sun to generate or 128
143	143	manufacture electricity. 129
144	144	10. Subject to the provisions of subsection 8 of this 130
145	145	section, but notwithstanding the provisions of subsection 9 131
146	146	of this section to the contrary, the authority of any 132
147	147	corporation set forth in subsection 1 of this section to 133
148	148	condemn property shall extend to acquisition of rights 134
149	149	needed to construct, operate, and maintain collection lines, 135
150	150	distribution lines, transmission lines, communications 136
151	151	lines, substations, switchyards, and other facilities needed 137
152	152	to collect and deliver energ y generated or manufactured by 138
153	153	the facilities described in subsection 9 of this section to 139
154	154	the distribution or transmission grid. 140
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