Signed by Governor Pete Ricketts

Vote Smart's Synopsis:

Vote to pass a bill that amends eminent domain provisions to include renewable energy generation facilities.

Highlights:

• Prohibits any property, owned, used, or operated as part of a privately developed renewable energy generation facility, from being subject to eminent domain by a consumer-owned electric supplier operating in the state  (Sec. 1).

• Specifies that nothing in this act should be construed to grant the power of eminent domain to a private electric supplier, or to limit the rights of any entity to acquire any public, municipal, or utility right-of-way across property owned, used, or operated as part of a privately developed renewable energy generation facility if the right-of-way does not prevent the operation of or access to the privately developed energy facility (Sec. 1).

• Specifies that only a consumer-owned electric supplier operating in the state may exercise eminent domain authority to acquire the land rights necessary for the construction of transmission lines and related facilities (Sec. 1).

• Specifies that there is a rebuttable presumption that the exercise of eminent domain to provide needed transmission lines and related facilities for a privately developed renewable energy generation facility is for public use (Sec. 1).

Full Bill Text