07 LC
21 9352S
The
Senate Regulated Industries and Utilities Committee offered the following
substitute to SB 173:
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 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 pipeline or existing pipeline right of
way;
or
(C)
The acquisition of property or interests therein for construction, operation,
and maintenance of an additional pipeline where the acquired right of way for
the additional pipeline is contiguous with and within 75 feet of a permanent
easement for a pipeline right of way that existed on the effective date of this
subparagraph; provided, however, that any portion of the acquired right of way
for the additional pipeline may be noncontiguous to such pipeline right of way
that existed on the effective date of this subparagraph if such portion is
within one mile of such previously existing right of way and the petroleum
pipeline company deems the noncontiguity is necessary for that portion to avoid
an environmentally sensitive area, a site listed on the National Register of
Historic Places or the Georgia Register of Historic Places, or densely developed
residential or commercial areas. Nothing in this subparagraph shall exempt any
pipeline company from any applicable 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.