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.