Nebraska LB 752: Limit the authority of certain political subdivisions to acquire rights-of-way

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED FIFTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 752

Introduced by Brewer, 43.
Read first time January 03, 2018
Committee: Judiciary
A BILL FOR AN ACT relating to electricity; to amend section 70-301,1
Reissue Revised Statutes of Nebraska; to limit the authority to2
acquire rights-of-way; and to repeal the original section.3
Be it enacted by the people of the State of Nebraska,4
LB752
2018
LB752
2018
-1-

Section 1. Section 70-301, Reissue Revised Statutes of Nebraska, is1
amended to read:2
70-301 Any public power district, corporation, or municipality that3
engages in the generation or transmission, or both, of electric energy4
for sale to the public for light and power purposes, the production,5
storage, or distribution of hydrogen for use in fuel processes, or the6
production or distribution, or both, of ethanol for use as fuel may7
acquire right-of-way over and upon lands, except railroad right-of-way8
and depot grounds, for the construction of pole lines or underground9
lines necessary for the conduct of such business and for the placing of10
all poles and constructions for the necessary adjuncts thereto, in the11
same manner as railroad corporations may acquire right-of-way for the12
construction of railroads. Such authorization shall not include13
acquisition of right-of-way on behalf of a third party accessing the14
infrastructure to sell electric energy. Such district, corporation, or15
municipality shall give public notice of the proposed location of such16
pole lines or underground lines with a voltage capacity of thirty-four17
thousand five hundred volts or more which involves the acquisition of18
rights or interests in more than ten separately owned tracts by causing19
to be published a map showing the proposed line route in a legal20
newspaper of general circulation within the county where such line is to21
be constructed at least thirty days before negotiating with any person,22
firm, or corporation to acquire easements or property for such purposes23
and shall consider all objections which may be filed to such location.24
After securing approval from the Public Service Commission and having25
complied with sections 70-305 to 70-309 and 86-701 to 86-707, such public26
power districts, corporations, and municipalities shall have the right to27
condemn a right-of-way over and across railroad right-of-way and depot28
grounds for the purpose of crossing the same. The procedure to condemn29
property shall be exercised in the manner set forth in sections 76-704 to30
76-724.31
LB752
2018
LB752
2018
-2-

Sec. 2. Original section 70-301, Reissue Revised Statutes of1
Nebraska, is repealed.2
LB752
2018
LB752
2018
-3-