Revision: Feb. 25, 2011, midnight
2011 SESSION
06/03
HOUSE BILL 648
AN ACT relative to eminent domain petitions by public utilities.
COMMITTEE: Science, Technology and Energy
This bill prohibits public utilities from petitioning for permission to take private land or property rights for the construction or operation of a private large scale transmission line.
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Explanation: Matter added to current law appears
in bold
italics.
Matter
removed from current law appears [in brackets and struckthrough.]
Matter
which is either (a) all new or (b) repealed and reenacted appears in regular
type.
11-1072
06/03
STATE OF
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to eminent domain petitions by public utilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Proceedings to Acquire Property or Rights; Petition. Amend RSA 371:1 to read as follows:
371:1
Petition. Whenever it is
necessary, in order to meet the reasonable requirements of service to the
public, that any public utility should construct a line, branch line,
extension, [or a] pipeline, conduit, line of poles, towers,
or wires across the land of another, or should acquire land, land for an
electric substation, or flowage, drainage, or other rights for the necessary
construction, extension, or improvement of any water power
or other works owned or operated by such public utility, and it cannot agree
with the owners of such land or rights as to the necessity or the price to be
paid therefor, such public utility may petition the public utilities commission
for such rights and easements or for permission to take such lands or rights as
may be needed for said purposes. No
public utility may petition for permission to take private land or property
rights for the construction or operation of an electric generating plant or a
private large scale transmission line.
2 New Section; Proceedings to Acquire Property or Rights; Definition. Amend RSA 371 by inserting after section 1-a the following new section:
371:1-b Definition. In this subdivision "private large scale transmission line" means an electric transmission line that involves the acquisition of a new right of way totaling 10 or more miles in length for which the majority of the costs are privately funded and not included in an approved rate base.
3 Effective Date. This act shall take effect 60 days after its passage.