‘‘(A) to enforce any condition in the appli-
cable certificate of public convenience and ne-
cessity; and 
‘‘(B) to seek damages for a violation of 
any condition described in subparagraph (A). 
‘‘(2) JURISDICTION.—The district courts of the 
United States shall have jurisdiction over any action 
arising under paragraph (1). 
‘‘(j) OTHER LANDOWNER RIGHTS
AND PROTEC-
TIONS.— 
‘‘(1) 
FAILURE
TO
TIMELY
COMPLETE 
PROJECTS.— 
‘‘(A) SURRENDER OF CONDEMNED PROP-
ERTY.— 
‘‘(i) IN GENERAL.—An individual or 
entity from which an interest in property is 
acquired through the exercise of the right 
of eminent domain under subsection (g) by 
the holder of a certificate of public conven-
ience and necessity that is issued for the 
construction, modification, or operation of 
an energy transmission facility may de-
mand that the holder of the certificate sur-
render that interest to that individual or 
entity if— 
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‘‘(I)(aa) the energy transmission 
facility is not in operation (as modi-
fied, in the case of a modification of 
an energy transmission facility) by the 
date specified in the certificate (in-
cluding any modification of the certifi-
cate by the Commission); and 
‘‘(bb) there is no request for the 
extension of that date pending before 
the Commission; or 
‘‘(II) subject to clause (ii), the 
holder of the certificate, with the ap-
proval of the Commission, abandons 
the portion of the energy transmission 
facility that is located on the applica-
ble property relating to that interest. 
‘‘(ii) REQUIREMENT.—The Commis-
sion may not approve in a certificate of 
public convenience and necessity issued 
under this section or in any subsequent 
proceeding the abandonment of all or any 
part of an energy transmission facility un-
less the Commission requires the holder of 
the applicable certificate of public conven-
ience and necessity to offer to each indi-
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vidual or entity described in clause (i) the 
option of having the property acquired 
from that individual or entity as described 
in that clause restored to the condition 
that the property was in prior to the 
issuance of the certificate. 
‘‘(B) 
REPAYMENT
OF
CONDEMNATION 
AWARD.—If an individual or entity described in 
subparagraph (A)(i) demands the surrender of 
an interest under that subparagraph, the holder 
of the applicable certificate of public conven-
ience and necessity shall be entitled to repay-
ment of an amount equal to not more than 50 
percent of the condemnation award relating to 
the interest. 
‘‘(C) JURISDICTION.—The district courts 
of the United States shall have jurisdiction over 
any action arising under this paragraph. 
‘‘(2) MATERIAL MISREPRESENTATIONS.— 
‘‘(A) RESCISSION OF TRANSACTION.— 
‘‘(i) IN GENERAL.—An affected land-
owner that proves, by a preponderance of 
the evidence, that the affected landowner 
has granted a right-of-way or any other in-
terest based on a material misrepresenta-
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tion made by or on behalf of an applicant 
for, or holder of, a certificate of public con-
venience and necessity under this section 
shall have the right to rescind the trans-
action. 
‘‘(ii) 
JURISDICTION.—The 
district 
courts of the United States shall have ju-
risdiction over any action arising under 
clause (i). 
‘‘(B) CIVIL PENALTIES.— 
‘‘(i) IN
GENERAL.—If an applicant 
for, or holder of, a certificate of public con-
venience and necessity makes a material 
misrepresentation, or if a material mis-
representation is made on behalf of such 
an applicant or holder, to an affected land-
owner concerning the energy transmission 
facility to be constructed or modified under 
the certificate, the applicant or holder shall 
be subject to a civil penalty, to be assessed 
by the Commission, in an amount not to 
exceed $10,000 per affected landowner to 
which the misrepresentation was made. 
‘‘(ii) PROCEDURE.—The penalty de-
scribed in clause (i) shall be assessed by 
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the Commission after providing notice and 
an opportunity for a public hearing. 
‘‘(iii) REQUIREMENT.—In determining 
the amount of a penalty under clause (i), 
the Commission shall take into consider-
ation the nature and seriousness of the vio-
lation.’’. 
Æ 
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