State or a county authorized to acquire the property of a public utility or cooperative electric association through eminent domain.

2025-2026 Regular Session Introduced by Brion Curran and 3 co-sponsors

The bill allows state, county, or municipality to use eminent domain to acquire public utility property, including cooperatives, with defined compensation and interim service rules

Introduction and first reading, referred to Judiciary Finance and Civil Law

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Summary of HF5141 (2025-2026) – Eminent Domain for Public Utilities

Purpose and intent

HF5141 would authorize the state or a county to acquire the property of a public utility or cooperative electric association through eminent domain proceedings. The bill amends Minnesota Statutes to make explicit that eminent domain cannot be precluded for the state, a county, or a municipality, and clarifies certain financial and procedural aspects of such acquisitions.

Key provisions and changes

Clarifies Eminent Domain Authority

Section 216B.47, as amended, states that nothing in the chapter precludes the state, a county, or a municipality from acquiring the property of a public utility via eminent domain.
The definition of “public utility” explicitly includes cooperative electric associations.

Damages and compensation

When a public utility property is acquired through eminent domain, damages must include:
The original cost of the property, less depreciation.
Loss of revenue to the utility.
Expenses resulting from integration of facilities.
Other appropriate factors to determine just compensation.

Service rights during eminent domain proceedings

The state, county, or municipality may not acquire the right to furnish electric service during the pendency of eminent domain proceedings under section 117.042.
Instead, the entity seeking to acquire may petition the Public Utilities Commission (PUC) under section 216B.44 for service rights during the process.

Effective date

The act becomes effective the day after final enactment.

Who is affected

Public utilities operating in Minnesota, including cooperative electric associations, that could be subject to eminent domain.

State and county governments, and municipalities, which would gain explicit authority to initiate eminent domain proceedings to acquire utility property.

Utilities and their customers may be affected by the potential transfer of property and the treatment of service rights during pending proceedings.

Procedural and timeline considerations

Legislative process: HF5141 was introduced and referred to the Judiciary Finance and Civil Law committee as of May 13, 2026.

Eminent domain process: The bill aligns with existing procedures for eminent domain by specifying compensation components and the ability to petition the PUC for service rights during the process.

Transitional timing: The act becomes effective the day after enactment, with immediate applicability to future eminent domain actions under the amended framework.

Notes for readers

The bill does not change the underlying authority to use eminent domain but clarifies scope (state, county, municipality) and clarifies compensation components and temporary service rights during proceedings.

It explicitly includes cooperative electric associations within the definition of public utilities for purposes of eminent domain.

The practical impact hinges on future cases where governmental entities pursue utility property acquisitions and how compensation and interim service arrangements are handled under the amended statute.