A bill for an act relating to common carriers and including effective date and applicability provisions.

2025-2026 Regular Session Introduced by Kevin Alons and 10 co-sponsors

Bill SF 95 raises the evidentiary standard for using eminent domain on hazardous liquid pipelines, enhancing protections for property owners against acquiring agencies.

Subcommittee: Webster, Knox, and Sweeney.

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Overview

Bill Number: SF 95
Title: A bill for an act relating to common carriers and including effective date and applicability provisions.
Introduced: January 22, 2025
Status: Subcommittee: Webster, Knox, and Sweeney
Classification: Bill
Subject Areas: Agricultural Land, Common Carriers, Eminent Domain, Goods, Hazardous Liquid Pipelines, Transportation

Purpose and Intent

The primary purpose of Bill SF 95 is to amend existing laws regarding common carriers, particularly in the context of hazardous liquid pipelines and the exercise of eminent domain. The bill aims to clarify the evidentiary standards required for acquiring agencies when seeking to use eminent domain for public projects related to hazardous liquids.

Key Provisions

Definition of Common Carrier:

The bill specifies that a carrier qualifies as a common carrier if it transports goods for unaffiliated shippers who do not sell hazardous liquids to the carrier. This aligns with the federal energy regulatory commission's determinations.

Eminent Domain Standards:

Under current law, an acquiring agency must demonstrate by a preponderance of the evidence that its use of eminent domain meets the definitions of public use, public purpose, or public improvement.
SF 95 changes this standard for cases involving hazardous liquid pipelines. It requires the acquiring agency to prove by clear and convincing evidence that the exercise of eminent domain meets the definitions mentioned above.

Effective Date and Applicability:

The bill takes effect immediately upon enactment.
It applies specifically to condemnation proceedings for which the application is filed on or after the effective date of the bill.

Impact

Affected Parties:

The bill primarily affects acquiring agencies that seek to use eminent domain for hazardous liquid pipeline projects. It also impacts property owners who may be subject to such proceedings.

Legal Implications:

By raising the evidentiary standard from preponderance of the evidence to clear and convincing evidence, the bill may make it more challenging for acquiring agencies to justify the use of eminent domain, potentially providing greater protection for property owners.

Legislative Timeline

January 22, 2025: Bill introduced and referred to the Commerce Committee.

January 23, 2025: Assigned to a subcommittee consisting of members Webster, Knox, and Sweeney for further consideration.

This summary provides a clear understanding of the intent, provisions, and potential impacts of Bill SF 95, making it accessible for both legislative experts and the general public.

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