07 SB173/CSFA/1
Senate
Bill 173
By:
Senators Tolleson of the 20th, Hooks of the 14th, Moody of the 56th and Henson
of the 41st
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 22-3-82 of the Official Code of Georgia Annotated, relating
to pipeline companies´ rights to acquire property or property interests by
eminent domain, notices to landowners, relocations, right of reasonable access,
and compensation for damage incident to entry, so as to exempt certain
acquisitions of additional pipeline rights of way from certain restrictions and
conditions otherwise imposed on the exercise of such power; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 22-3-82 of the Official Code of Georgia Annotated, relating to pipeline
companies´ rights to acquire property or property interests by eminent
domain, notices to landowners, relocations, right of reasonable access, and
compensation for damage incident to entry, is amended by revising subsection (b)
as follows:
"(b)(1)
The restrictions and conditions imposed by this article on the exercise of the
power of eminent domain by petroleum pipeline companies shall not apply to
relocations:
(A)
Relocations of
petroleum
pipelines necessitated by the exercise of a legal right by a third party
or to
any;
(B)
Any activities incident to the
maintenance of an existing
petroleum
pipeline or existing
petroleum
pipeline right of
way;
or
(C)
The acquisition of property or interests therein for construction, operation,
and maintenance of an additional petroleum pipeline where the acquired permanent
right of way for the additional petroleum pipeline is contiguous with and wholly
within 75 feet of a permanent easement for a petroleum pipeline right of way
that existed on January 1, 2007; except that any portion of the acquired
permanent right of way for the additional petroleum pipeline may be
noncontiguous to the petroleum pipeline right of way that existed on January 1,
2007, if such portion of the additional petroleum pipeline right of way is
within one mile of such previously existing petroleum pipeline right of way and
the noncontiguity is necessary to avoid an environmentally sensitive area as
determined by the Department of Natural Resources, a site listed on the National
Register of Historic Places or the Georgia Register of Historic Places, or a
residential or commercial structure located within 100 feet of the existing
petroleum pipeline right of way.
This
paragraph provides no exemption from any provisions of this title other than
this article.
(2)
A pipeline company shall have a right of reasonable access to property proposed
as the site of a pipeline for the purpose of conducting a survey of the surface
of such property for use in determining the suitability of such property for
placement of a pipeline."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.