Title: Right of Eminent Domain for Natural Gas Companies

Summary: Citing this act as the "Buck McCulley Private Property Rights Protection Act"; providing legislative intent that if an interstate natural gas company or an entity that is subject to regulation under the federal Natural Gas Act, 15 U.S.C. s. 717, files condemnation proceedings in federal court to acquire property from property owners of this state, the same protections afforded to property owners under state law be applied in federal court, to the greatest extent possible; providing legislative intent that certain condemnation proceedings to acquire private property from property owners of this state be filed in state court rather than federal court under certain circumstances, etc.

Full Text:
An act relating to the right of eminent domain for natural gas companies; providing a short title; amending s. 361.05, F.S.; providing legislative intent that if an interstate natural gas company or an entity that is subject to regulation under the federal Natural Gas Act, U.S.C. s. 717, files condemnation proceedings in federal court to acquire property from property owners of this state, the same protections afforded to property owners under state law be applied in federal court, to the greatest extent possible; providing legislative intent that certain condemnation proceedings to acquire private property from property owners of this state be filed in state court rather than federal court under certain circumstances; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as the  Buck McCulley Private Property Rights Protection Act.  Section 2. Section 361.05, Florida Statutes, is amended to read: 361.05 Right of eminent domain to natural gas companies.  (1)  Any corporation or other business entity organized under the laws of this state, or by virtue of the laws of any other state, and qualified to do business in this state, for the purpose of supplying any city, town, village or the inhabitants thereof, or any community with natural gas for domestic or industrial purposes, including any natural gas transmission pipeline company that has received certification under ss. 403.9401-403.9425 or an entity that is subject to regulation under the federal Natural Gas Act, U.S.C. s. 717, shall have the right of eminent domain and may use the provisions of chapters and to lay its pipelines and works; to cause such examinations and surveys for the proposed pipelines to be made as shall be necessary for the selection of the most advantageous routes; to enter upon any land, public or private, necessary to the business contemplated in its charter; to construct its pipelines across, over, under, along, and upon any stream of water, watercourse, canal, lake, bay, gulf, road, street, highway, railroad, and transmission line; to take from any land most convenient to its pipelines and works, any timber, stone, earth, water, or other material which may be necessary to the construction, operation, keeping in repair, or preservation of its pipelines, works, and improvements, upon making due compensation according to law to private owners, with such reservation, if any, of oil, gas, and mineral rights as those owners may determine. If, in order to make repairs to or to relocate any tracks of any railroad or for the performance of any work of construction or reconstruction by any railroad upon its right-of-way, it becomes necessary to relocate temporarily or permanently any natural gas pipeline constructed upon any railroad right-of-way, such work incident to the relocation of such natural gas pipeline shall be performed, and the expense borne, by the company owning or operating that pipeline. (2) The Leg islature recognizes that when the power of eminent domain is exercised by natural gas companies, an interstate natural gas company or an entity that is subject to regulation under the federal Natural Gas Act, U.S.C. s. 717, may elect to file condemnation proceedings in either state or federal court. If a filing is made in federal court, it is the intent of the Legislature that the same protections afforded to property owners under the laws of this state be applied in the federal court to the greatest extent possible. As such, it is the intent of the Legislature that all of this state s substantive law relating to eminent domain be considered part of the state s practice and procedure to be applied in federal court which, without limitation, includes all of the rights and privileges afforded to property owners in the State Constitution and chapters and as interpreted by the state s decisional law. This includes, but is not limited to, a jury trial to determine the measure of full compensation to be paid for the taking of private property as is guaranteed by the State Constitution, payment of business damages in a partial taking, and payment by the condemnor of the owners  attorney fees and costs, which is also a part of full compensation guaranteed by the State Constitution. Moreover, if a corporation or other business entity organized under the laws of this state, or by virtue of the laws of any other state, and qualified to do business in this state, for the purpose of supplying any city, town, village or the inhabitants thereof, or any community with natural gas for domestic or industrial purposes, including any natural gas transmission pipeline company that has received certification under ss. 403.9401-403.9425 or an entity that is subject to regulation under the federal Natural Gas Act, U.S.C. s. 717, seeks to avail itself of any of the rights or powers provided in this section, then it is the intent of the Legislature that, as a condition of exercising such right or power, any condemnation proceeding to acquire private property for its pipeline or works in the state be filed in state court rather than federal court. Section 3. This act shall take effect July 1, 2015.