Florida Senate - 2015 SB 1516 By Senator Evers 2-00710-15 20151516__ 1 A bill to be entitled 2 An act relating to the right of eminent domain for 3 natural gas companies; providing a short title; 4 amending s. 361.05, F.S.; providing legislative intent 5 that if an interstate natural gas company or an entity 6 that is subject to regulation under the federal 7 Natural Gas Act, 15 U.S.C. s. 717, files condemnation 8 proceedings in federal court to acquire property from 9 property owners of this state, the same protections 10 afforded to property owners under state law be applied 11 in federal court, to the greatest extent possible; 12 providing legislative intent that certain condemnation 13 proceedings to acquire private property from property 14 owners of this state be filed in state court rather 15 than federal court under certain circumstances; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. This act may be cited as the “Buck McCulley 21 Private Property Rights Protection Act.” 22 Section 2. Section 361.05, Florida Statutes, is amended to 23 read: 24 361.05 Right of eminent domain to natural gas companies.— 25 (1) Any corporation or other business entity organized 26 under the laws of this state, or by virtue of the laws of any 27 other state, and qualified to do business in this state, for the 28 purpose of supplying any city, town, village or the inhabitants 29 thereof, or any community with natural gas for domestic or 30 industrial purposes, including any natural gas transmission 31 pipeline company that has received certification under ss. 32 403.9401-403.9425 or an entity that is subject to regulation 33 under the federal Natural Gas Act, 15 U.S.C. s. 717, shall have 34 the right of eminent domain and may use the provisions of 35 chapters 73 and 74 to lay its pipelines and works; to cause such 36 examinations and surveys for the proposed pipelines to be made 37 as shall be necessary for the selection of the most advantageous 38 routes; to enter upon any land, public or private, necessary to 39 the business contemplated in its charter; to construct its 40 pipelines across, over, under, along, and upon any stream of 41 water, watercourse, canal, lake, bay, gulf, road, street, 42 highway, railroad, and transmission line; to take from any land 43 most convenient to its pipelines and works, any timber, stone, 44 earth, water, or other material which may be necessary to the 45 construction, operation, keeping in repair, or preservation of 46 its pipelines, works, and improvements, upon making due 47 compensation according to law to private owners, with such 48 reservation, if any, of oil, gas, and mineral rights as those 49 owners may determine. If, in order to make repairs to or to 50 relocate any tracks of any railroad or for the performance of 51 any work of construction or reconstruction by any railroad upon 52 its right-of-way, it becomes necessary to relocate temporarily 53 or permanently any natural gas pipeline constructed upon any 54 railroad right-of-way, such work incident to the relocation of 55 such natural gas pipeline shall be performed, and the expense 56 borne, by the company owning or operating that pipeline. 57 (2) The Legislature recognizes that when the power of 58 eminent domain is exercised by natural gas companies, an 59 interstate natural gas company or an entity that is subject to 60 regulation under the federal Natural Gas Act, 15 U.S.C. s. 717, 61 may elect to file condemnation proceedings in either state or 62 federal court. If a filing is made in federal court, it is the 63 intent of the Legislature that the same protections afforded to 64 property owners under the laws of this state be applied in the 65 federal court to the greatest extent possible. As such, it is 66 the intent of the Legislature that all of this state’s 67 substantive law relating to eminent domain be considered part of 68 the state’s practice and procedure to be applied in federal 69 court which, without limitation, includes all of the rights and 70 privileges afforded to property owners in the State Constitution 71 and chapters 73 and 74 as interpreted by the state’s decisional 72 law. This includes, but is not limited to, a jury trial to 73 determine the measure of full compensation to be paid for the 74 taking of private property as is guaranteed by the State 75 Constitution, payment of business damages in a partial taking, 76 and payment by the condemnor of the owners’ attorney fees and 77 costs, which is also a part of full compensation guaranteed by 78 the State Constitution. Moreover, if a corporation or other 79 business entity organized under the laws of this state, or by 80 virtue of the laws of any other state, and qualified to do 81 business in this state, for the purpose of supplying any city, 82 town, village or the inhabitants thereof, or any community with 83 natural gas for domestic or industrial purposes, including any 84 natural gas transmission pipeline company that has received 85 certification under ss. 403.9401-403.9425 or an entity that is 86 subject to regulation under the federal Natural Gas Act, 15 87 U.S.C. s. 717, seeks to avail itself of any of the rights or 88 powers provided in this section, then it is the intent of the 89 Legislature that, as a condition of exercising such right or 90 power, any condemnation proceeding to acquire private property 91 for its pipeline or works in the state be filed in state court 92 rather than federal court. 93 Section 3. This act shall take effect July 1, 2015.