Missouri Senate

Senate Amendment

The authority for an electrical corporation, as defined in the act, to condemn property for purposes of constructing electric plant subject to a certificate of convenience and necessity shall not extend to the construction of a merchant transmission line with Federal Regulatory Energy Commission negotiated rate authority unless such line has a substation or converter station located in Missouri which is capable of delivering an amount of its electrical capacity to electrical customers in this state that is greater than or equal to the proportionate number of miles of the line that passes through the state. This provision shall not apply to applications for a certificate of convenience and necessity filed prior to August 28, 2022.

If an electrical corporation acquires any involuntary easement by means of eminent domain and does not obtain the financial commitments necessary to construct a project for which the involuntary easement was needed within 7 years of the date that such easement rights are recorded, the corporation shall return possession of the easement to the title holder within 60 days and record the dissolution with the county recorder of deeds.

In the event of such return of the easement to the title holder, no reimbursement of any payment made by the corporation to the title holder shall be due.

For eminent domain proceedings of any agricultural or horticultural property by an electrical corporation, just compensation shall be an amount equivalent to 150% of fair market value as determined by the court.

In any eminent domain proceeding involving agricultural or horticultural property, at least one of the disinterested commissioners appointed by the court shall be a farmer who has been engaged in farming for a minimum of 10 years in the county where such property is situated.

A condemning authority shall be deemed to have engaged in good faith negotiations if, for condemnation of any agricultural or horticultural property for the construction of an electrical transmission line designed to transmit electricity at 345 kilovolts or greater, the condemning authority's offer was no lower than 150% of the fair market value reflected in an appraisal as stated in the act.

This act is similar to SB 1211 (2022).

JAMIE ANDREWS

SA #2: MODIFIES A PROVISION ABOUT CERTAIN EMINENT DOMAIN PROCEEDINGS BY STATING THAT THE PROCEEDING IS FOR THE PURPOSE OF CONSTRUCTING ELECTRIC PLANT SUBJECT TO A CERTIFICATE OF CONVENIENCE AND NECESSITY AND FURTHER STATES THAT SUCH PROVISION SHALL NOT APPLY TO CCN APPLICATIONS FILED PRIOR TO AUGUST 28, 2022.

THE AMENDMENT ALSO MODIFIES A PROVISION RELATING TO DISINTERESTED COMMISSIONERS FOR CERTAIN EMINENT DOMAIN PROCEEDINGS BY STATING THAT THE PROCEEDING IS FOR THE PURPOSE OF CONSTRUCTING ELECTRIC PLANT SUBJECT TO A CERTIFICATE OF CONVENIENCE AND NECESSITY AND FURTHER STATES THAT SUCH PROVISION SHALL NOT APPLY TO CCN APPLICATIONS FILED PRIOR TO AUGUST 28, 2022.

FINALLY, THE AMENDMENT MODIFIES A PROVISION RELATING TO WHEN A CONDEMNING AUTHORITY IS DEEMED TO HAVE ENGAGED IN GOOD FAITH NEGOTIATIONS FOR THE CONDEMNATION OF AGRICULTURAL AND HORTICULTURAL PROPERTY FOR CERTAIN USES.