Section 216E.10 — Application To Local Regulation And Other State Permits.
216E.10 APPLICATION TO LOCAL REGULATION AND OTHER STATE PERMITS. Subdivision 1. Site or route permit prevails over local provisions. To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent […]
Section 216E.11 — Improvement Of Sites And Routes.
216E.11 IMPROVEMENT OF SITES AND ROUTES. Utilities that have acquired a site or route in accordance with this chapter may proceed to construct or improve the site or route for the intended purposes at any time, subject to section 216E.10, subdivision 2, provided that if the construction and improvement has not commenced within four years […]
Section 216E.12 — Eminent Domain Powers; Power Of Condemnation.
216E.12 EMINENT DOMAIN POWERS; POWER OF CONDEMNATION. Subdivision 1. Generally. Nothing in this section shall invalidate the power of eminent domain vested in utilities by statute or common law existing as of May 24, 1973, except to the extent modified herein. The power of eminent domain shall continue to exist for utilities and may be […]
Section 216E.13 — Failure To Act.
216E.13 FAILURE TO ACT. If the commission fails to act within the times specified in section 216E.03, the applicant or any affected person may seek an order of the district court requiring the commission to designate or refuse to designate a site or route. History: 1973 c 591 s 14; 1975 c 271 s 6; […]
Section 216E.14 — Revocation Or Suspension.
216E.14 REVOCATION OR SUSPENSION. A site or route permit may be revoked or suspended by the commission after adequate notice of the alleged grounds for revocation or suspension and a full and fair hearing in which the affected utility has an opportunity to confront any witness and respond to any evidence against it and to […]
Section 216E.15 — Judicial Review.
216E.15 JUDICIAL REVIEW. Any applicant, party or person aggrieved by the issuance of a site or route permit or emergency permit from the commission or a certification of continuing suitability filed by a utility with the commission or by a final order in accordance with any rules promulgated by the commission, may appeal to the […]
Section 216E.16 — Rules.
216E.16 RULES. The commission, in order to give effect to the purposes of this chapter, may adopt rules consistent with this chapter, including promulgation of site and route designation criteria, the description of the information to be furnished by the utilities, establishment of minimum guidelines for public participation in the development, revision, and enforcement of […]
Section 216E.17 — Enforcement, Penalties.
216E.17 ENFORCEMENT, PENALTIES. Subdivision 1. Criminal penalty. Any person who violates this chapter or any rule promulgated hereunder, or knowingly submits false information in any report required by this chapter is guilty of a misdemeanor for the first offense and a gross misdemeanor for the second and each subsequent offense. Each day of violation shall […]
Section 216E.18 — Biennial Report; Application Fees; Appropriation; Funding.
216E.18 BIENNIAL REPORT; APPLICATION FEES; APPROPRIATION; FUNDING. Subdivision 1. Biennial report. Before November 15 of each even-numbered year the commission shall prepare and submit to the legislature a report of its operations, activities, findings, and recommendations concerning this chapter. The report shall also contain information on the commission’s biennial expenditures, its proposed budget for the […]
Section 216E.04 — Alternative Review Of Applications.
216E.04 ALTERNATIVE REVIEW OF APPLICATIONS. Subdivision 1. Alternative review. An applicant who seeks a site permit or route permit for one of the projects identified in this section shall have the option of following the procedures in this section rather than the procedures in section 216E.03. The applicant shall notify the commission at the time […]