Senate Bill sb1070c1

    Florida Senate - 2004                           CS for SB 1070

    By the Committee on Communication and Public Utilities; and
    Senator Bennett




    319-1123-04

  1                      A bill to be entitled

  2         An act relating to natural gas companies;

  3         amending s. 361.05, F.S.; providing that

  4         chapters 73 and 74, F.S., which govern actions

  5         in eminent domain, apply to natural gas

  6         transmission pipeline companies that are

  7         subject to regulation under the federal Natural

  8         Gas Act; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 361.05, Florida Statutes, is

13  amended to read:

14         361.05  Right of eminent domain to natural gas

15  companies.--Any corporation or other business entity organized

16  under the laws of this state, or by virtue of the laws of any

17  other state, and qualified to do business in this state, for

18  the purpose of supplying any city, town, village or the

19  inhabitants thereof, or any community with natural gas for

20  domestic or industrial purposes, including any natural gas

21  transmission pipeline company that has received certification

22  under ss. 403.9401-403.9425 or is subject to regulation under

23  the federal Natural Gas Act, 15 U.S.C. s. 717, shall have the

24  right of eminent domain and may use the provisions of chapters

25  73 and 74 to lay its pipelines and works; to cause such

26  examinations and surveys for the proposed pipelines to be made

27  as shall be necessary for the selection of the most

28  advantageous routes; to enter upon any land, public or

29  private, necessary to the business contemplated in its

30  charter; to construct its pipelines across, over, under,

31  along, and upon any stream of water, watercourse, canal, lake,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 1070
    319-1123-04




 1  bay, gulf, road, street, highway, railroad, and transmission

 2  line; to take from any land most convenient to its pipelines

 3  and works, any timber, stone, earth, water, or other material

 4  which may be necessary to the construction, operation, keeping

 5  in repair, or preservation of its pipelines, works, and

 6  improvements, upon making due compensation according to law to

 7  private owners, with such reservation, if any, of oil, gas,

 8  and mineral rights as those owners may determine.  If, in

 9  order to make repairs to or to relocate any tracks of any

10  railroad or for the performance of any work of construction or

11  reconstruction by any railroad upon its right-of-way, it

12  becomes necessary to relocate temporarily or permanently any

13  natural gas pipeline constructed upon any railroad

14  right-of-way, such work incident to the relocation of such

15  natural gas pipeline shall be performed, and the expense

16  borne, by the company owning or operating that pipeline.

17         Section 2.  This act shall take effect upon becoming a

18  law.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                             SB 1070

22                                 

23  The committee substitute corrects the reference of the
    citation to the federal Natural Gas Act to 15 U.S.C. from 17
24  U.S.C.

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CODING: Words stricken are deletions; words underlined are additions.