Senate Bill sb1070er

    ENROLLED

    2004 Legislature                 CS for SB 1070, 1st Engrossed



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  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:

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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 an entity that is subject to

23  regulation under the federal Natural Gas Act, 15 U.S.C. s.

24  717, shall have the right of eminent domain and may use the

25  provisions of chapters 73 and 74 to lay its pipelines and

26  works; to cause such examinations and surveys for the proposed

27  pipelines to be made as shall be necessary for the selection

28  of the most advantageous routes; to enter upon any land,

29  public or private, necessary to the business contemplated in

30  its 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.




    ENROLLED

    2004 Legislature                 CS for SB 1070, 1st Engrossed



 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.

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