Committee debates bill adding limits to eminent domain for energy collection systems; amendment narrows thresholds

Sen. Barry Crago introduced Senate File 181, a draft that would create specific statutory limits on the use of eminent domain for energy collection systems associated with commercial electricity facilities. “The big overview… is you have to have an 85% agreement with either 85% of the land mass or 85% of the land owners,” Crago said, describing a threshold the bill would require before a condemning party could bring a condemnation action.

Crago said the draft was intended as a compromise to protect landowner rights while preserving a path for projects to proceed when a substantial portion of affected landowners or land mass have agreed to terms. The bill would create a new chapter for energy collection systems, require petitioning parties to present executed land-use and compensation agreements to the court in condemnation proceedings, and include provisions to ensure improvements and certain…