SB 24 - Eminent Domain - use by petroleum pipelines
Georgia Senate - 1995/1996 Sessions
SB 24 - Eminent Domain - use by petroleum pipelines
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Hooks 14th 2. Ray 19th 3. Ragan 11th
Senate Comm: Nat R / House Comm: Judy /
Senate Vote: Yeas 55 Nays 0
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Senate Action House
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1/10/95 Read 1st time 1/25/95
1/13/95 Favorably Reported 2/8/95
Committee Amend/Sub Sub
1/23/95 Read 2nd Time 1/26/95
1/24/95 Read 3rd Time 2/16/95
1/24/95 Passed/Adopted 2/16/95
Comm/Floor Amend/Sub CS
2/17/95 Amend/Sub Agreed To
3/22/95 Sent To Governor
3/30/95 Signed by Governor
157 Act/Veto Number
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Code Sections amended: 22-3-83, 22-3-80, 22-3-81, 22-3-82, 22-3-83, 22-3-84,
22-3-85, 22-3-86, 22-2-87, 22-3-88
SB 24 95 SB24/AP
SENATE BILL 24
By: Senators Hooks of the 14th, Ray of the 19th, Ragan
of the 11th and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 3 of Title 22 of the Official Code of
1- 2 Georgia Annotated, relating to the exercise of the power of
1- 3 eminent domain for special purposes, so as to repeal the
1- 4 existing grant of the right of eminent domain to petroleum
1- 5 pipeline companies; to provide for legislative findings; to
1- 6 authorize the use of the power of eminent domain for
1- 7 petroleum pipelines; to provide for definitions; to provide
1- 8 for conditions and restrictions on the use of eminent domain
1- 9 by petroleum pipelines; to provide for procedures for the
1-10 use of eminent domain by a petroleum pipeline company; to
1-11 provide for notice and a hearing on the proposed siting of a
1-12 pipeline; to provide for rules and regulations; to provide
1-13 for related matters; to provide for effective dates; to
1-14 repeal conflicting laws; and for other purposes.
1-15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-16 Chapter 3 of Title 22 of the Official Code of Georgia
1-17 Annotated, relating to the exercise of the power of eminent
1-18 domain for special purposes, is amended by striking Article
1-19 4, relating to construction and operation of petroleum
1-20 pipelines, in its entirety and inserting in lieu thereof the
1-21 following:
"ARTICLE 4
1-22 22-3-83. (Index)
1-23 The power of eminent domain may be exercised by persons
1-24 who are or may be engaged in constructing or operating
1-25 pipelines for the transportation or distribution of
1-26 natural or artificial gas and by persons who are or may be
1-27 engaged in furnishing natural or artificial gas for
1-28 heating, lighting, or power purposes in the State of
1-29 Georgia."
S. B. 24
-1- (Index)
SB24/AP
SECTION 2.
2- 1 Said chapter is further amended by striking Article 4 in its
2- 2 entirety and inserting in lieu thereof a new Article 4 to
2- 3 read as follows:
"ARTICLE 4
2- 4 22-3-80. (Index)
2- 5 The General Assembly finds and declares that, based on an
2- 6 authorized study by the Petroleum Pipeline Study Committee
2- 7 created by the General Assembly, while petroleum pipelines
2- 8 are appropriate and valuable for use in the transportation
2- 9 of petroleum and petroleum products, there are certain
2-10 problems and characteristics indigenous to such pipelines
2-11 which require the enactment and implementation of special
2-12 procedures and restrictions on petroleum pipelines and
2-13 related facilities as a condition of the grant of the
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2-15 22-3-81. (Index)
2-16 As used in this article:
2-17 (1) 'Pipeline' means a pipeline constructed or to be
2-18 constructed as a common carrier in interstate or
2-19 intrastate commerce for the transportation of petroleum
2-20 or petroleum products in or through this state.
2-21 (2) 'Pipeline company' means a corporation organized
2-22 under the laws of this state or which is organized under
2-23 the laws of another state and is authorized to do
2-24 business in this state and which is specifically
2-25 authorized by its charter or articles of incorporation
2-26 to construct and operate pipelines for the
2-27 transportation of petroleum and petroleum products.
2-28 (3) 'Pipeline facility' or 'pipeline facilities' means
2-29 and includes the pipeline and all equipment or
2-30 facilities, including lateral lines, essential to the
2-31 operation of the pipeline but shall not include any
2-32 storage tank or storage facility which is not being
2-33 constructed as a part of the operation of the pipeline.
2-34 22-3-82. (Index)
2-35 (a) Subject to the provisions and restrictions of this
2-36 article, pipeline companies are granted the right to
2-37 acquire property or interests in property by eminent
2-38 domain for the construction, reconstruction, operation,
S. B. 24
-2- (Index)
SB24/AP
3- 1 and maintenance of pipelines in this state; provided,
3- 2 however, that prior to instigating eminent domain
3- 3 proceedings or threatening to do so, the pipeline company
3- 4 shall cause to be delivered to each landowner whose
3- 5 property may be condemned a written notice containing the
3- 6 following language in boldface type:
3- 7 'CODE SECTIONS 22-3-80 THROUGH 22-3-87 OF THE OFFICIAL
3- 8 CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS
3- 9 WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES
3-10 BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR
3-11 PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC
3-12 RIGHTS FOR YOUR PROTECTION. YOU SHOULD MAKE YOURSELF
3-13 FAMILIAR WITH THOSE REQUIREMENTS AND YOUR RIGHTS PRIOR
3-14 TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR
3-15 PROPERTY TO A PETROLEUM PIPELINE COMPANY.'
3-16 (b) The restrictions and conditions imposed by this
3-17 article on the exercise of the power of eminent domain by
3-18 petroleum pipeline companies shall not apply to
3-19 relocations of pipelines necessitated by the exercise of a
3-20 legal right by a third party or to any activities incident
3-21 to the maintenance of an existing pipeline or existing
3-22 pipeline right of way. A pipeline company shall have a
3-23 right of reasonable access to property proposed as the
3-24 site of a pipeline for the purpose of conducting a survey
3-25 of the surface of such property for use in determining the
3-26 suitability of such property for placement of a pipeline.
3-27 (c) After obtaining the certificate of convenience and
3-28 necessity provided for in Code Section 22-3-83 and after
3-29 complying with the notice requirements set forth in
3-30 subsection (a) of this Code section, a pipeline company
3-31 shall have a right of reasonable access to any property
3-32 proposed as the site of a pipeline for the purpose of
3-33 conducting additional surveying which may be necessary in
3-34 preparing its submission to the Department of Natural
3-35 Resources as provided for in Code Section 22-3-84.
3-36 (d) The owner of any property or property interest which
3-37 is entered by a pipeline company for the purpose of
3-38 surveying such property, as allowed herein, or for access
3-39 to or maintenance or relocation of an existing pipeline
3-40 shall have the right to be compensated for any damage to
3-41 such property incident to such entry. Any survey
3-42 conducted pursuant to this article shall be conducted in
3-43 such a fashion as to cause minimal damage to the property
3-44 surveyed.
S. B. 24
-3- (Index)
SB24/AP
4- 1 22-3-83. (Index)
4- 2 (a) Before exercising the right of eminent domain as
4- 3 authorized in this article, a pipeline company shall first
4- 4 obtain from the commissioner of transportation or the
4- 5 commissioner's designee a certificate of public
4- 6 convenience and necessity that such action by the pipeline
4- 7 company is authorized. Such certificate shall not be
4- 8 unreasonably withheld.
4- 9 (b) The commissioner shall prescribe regulations pursuant
4-10 to Chapter 13 of Title 50, the 'Georgia Administrative
4-11 Procedure Act,' relative to the requirements for obtaining
4-12 a certificate of public convenience and necessity which
4-13 shall include:
4-14 (1) A requirement that the application for such
4-15 certificate shall include a description of the proposed
4-16 project including its general route, a description of
4-17 the public convenience and necessity which support the
4-18 proposed pipeline route, the width of the proposed
4-19 pipeline corridor up to a maximum width of one-third
4-20 mile, and a showing that use of the power of eminent
4-21 domain may be necessary to construction of the pipeline,
4-22 and a showing that the public necessity for the
4-23 petroleum pipeline justifies the use of the power of
4-24 eminent domain;
4-25 (2) A provision for reasonable public notice of the
4-26 application and the proposed route;
4-27 (3) Provision for a hearing on the application and the
4-28 filing and hearing of any objections to such
4-29 application;
4-30 (4) A requirement that all hearings shall be held and a
4-31 final decision rendered on any application not later
4-32 than 90 days from the date of the publication of notice
4-33 required in paragraph (2) of this subsection;
4-34 (5) Such other reasonable requirements as shall be
4-35 deemed necessary or desirable to a proper determination
4-36 of the application.
4-37 (c) In the event the application is not approved or denied
4-38 within the time period provided for in paragraph (4) of
4-39 subsection (b) of this Code section, the application shall
4-40 be deemed to be approved by operation of law.
S. B. 24
-4- (Index)
SB24/AP
5- 1 (d) The approval and issuance of the certificate of public
5- 2 convenience and necessity shall not be subject to review.
5- 3 The denial of the certificate may be reviewed by a judge
5- 4 of the superior court of the county in which the pipeline
5- 5 company has an agent and place of doing business. The
5- 6 review shall be by petition filed within 30 days of the
5- 7 date of disapproval of the application and shall be
5- 8 determined on the basis of the record before the
5- 9 commissioner. The action of the commissioner shall be
5-10 affirmed if supported by substantial evidence.
5-11 22-3-84. (Index)
5-12 (a) In addition to obtaining a certificate as required in
5-13 Code Section 22-3-83, a pipeline company shall, prior to
5-14 the exercise of the power of eminent domain, obtain a
5-15 permit from the director of the Environmental Protection
5-16 Division of the Department of Natural Resources as
5-17 provided in this Code section.
5-18 (b) The Board of Natural Resources shall, pursuant to
5-19 Chapter 13 of Title 50, the 'Georgia Administrative
5-20 Procedure Act,' issue rules and regulations governing the
5-21 obtaining of the permit provided for in subsection (a) of
5-22 this Code section which shall include:
5-23 (1) Reasonable public notice to an owner of property
5-24 who, after reasonable efforts, cannot personally be
5-25 given the notice in subsection (a) of Code Section
5-26 22-3-82;
5-27 (2) Reasonable public notice of the filing of an
5-28 application for a permit;
5-29 (3) Provisions for hearings on all applications for such
5-30 permits; and
5-31 (4) A requirement that no such permit shall be granted
5-32 by the division unless, prior to the construction of any
5-33 portion of the petroleum pipeline project for which the
5-34 use of the power of eminent domain may be required, the
5-35 pipeline company has submitted the proposed siting of
5-36 such portion of the pipeline project to the division
5-37 with appropriate notices thereof to affected parties and
5-38 unless the division director determines after a hearing
5-39 that the location, construction, and maintenance of such
5-40 portion of the pipeline is consistent with and not an
5-41 undue hazard to the environment and natural resources of
S. B. 24
-5- (Index)
SB24/AP
6- 1 this state, determined in accordance with the factors
6- 2 set forth in subsection (c) of this Code section.
6- 3 (c) In making the decision required by paragraph (4) of
6- 4 subsection (b) of this Code section, the director shall
6- 5 determine:
6- 6 (1) Whether the proposed route of such portion of the
6- 7 pipeline is an environmentally reasonable route;
6- 8 (2) Whether other corridors of public utilities already
6- 9 in existence may reasonably be used for the siting of
6-10 such portion of the pipeline;
6-11 (3) The existence of any local zoning ordinances and
6-12 that such portion of the project will comply with those
6-13 ordinances unless to require such compliance would
6-14 impose an unreasonable burden on the project as weighed
6-15 against the purpose of such ordinances; and
6-16 (4) That ample opportunity has been afforded for public
6-17 comment, specifically including but not limited to
6-18 comment by the governing body of any municipality or
6-19 county within which the proposed project or any part
6-20 thereof is to be located.
6-21 (5) Such reasonable conditions to the permit as will
6-22 allow the monitoring of the effect of the petroleum
6-23 pipeline upon the property subjected to eminent domain
6-24 and the surrounding environment and natural resources.
6-25 (d) In the event an application under this Code section is
6-26 not approved or denied within 120 days of the date of the
6-27 publication of notice required in paragraph (1) of
6-28 subsection (b) of this Code section, the application shall
6-29 be deemed to be approved by operation of law.
6-30 22-3-85. (Index)
6-31 All hearings and appeals on applications for certificates
6-32 and permits required under this article shall be conducted
6-33 in accordance with Chapter 13 of Title 50, the 'Georgia
6-34 Administrative Procedure Act,' provided that if the final
6-35 decision of the Administrative Law Judge on any appeal is
6-36 not rendered within 120 days from the date of filing of a
6-37 petition for review, the decision of the director shall be
6-38 affirmed by operation of law; and provided further that
6-39 judicial review of the approval or denial of an
6-40 application under Code Section 22-3-84 shall be governed
6-41 by Code Section 12-2-1.
S. B. 24
-6- (Index)
SB24/AP
7- 1 22-3-86. (Index)
7- 2 When a pipeline company which has obtained the
7- 3 certification and permits required in this article is
7- 4 unable to acquire the property or interest required for
7- 5 such certified or permitted project after reasonable
7- 6 negotiation with the owner of such property or interest,
7- 7 the company may acquire such property or interest by the
7- 8 use of the condemnation procedures authorized by Chapter 2
7- 9 of this title.
7-10 22-3-87. (Index)
7-11 If the portion of the petroleum pipeline route chosen and
7-12 approved pursuant to Code Section 22-3-84 unreasonably
7-13 impacts any other property of the same owner which is not
7-14 acquired by eminent domain as a part of such portion of
7-15 the project, there shall be a right of compensation
7-16 available under the laws of eminent domain for the fair
7-17 market value of any such damage upon the trial of the case
7-18 of the parcel taken.
7-19 22-3-88. (Index)
7-20 The power of eminent domain may be exercised by persons
7-21 who are or may be engaged in constructing or operating
7-22 pipelines for the transportation or distribution of
7-23 natural or artificial gas and by persons who are or may be
7-24 engaged in furnishing natural or artificial gas for
7-25 heating, lighting, or power purposes in the State of
7-26 Georgia."
SECTION 3.
7-27 Section 1 of this Act shall become effective upon its
7-28 approval by the Governor or upon its becoming law without
7-29 such approval. Section 2 of this Act shall become effective
7-30 July 1, 1995.
SECTION 4.
7-31 All laws and parts of laws in conflict with this Act are
7-32 repealed.
S. B. 24
-7- (Index)
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Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97