HB-5254, As Passed House, February 13, 2014

SUBSTITUTE FOR

HOUSE BILL NO. 5254

     A bill to amend 1929 PA 16, entitled

"An act to regulate the business of carrying or transporting,

buying, selling or dealing in crude oil or petroleum or its

products, through pipe lines; to authorize the use of public

highways and the condemnation of private property; to regulate the

purchase and storage of crude oil or petroleum; to provide for the

control and regulation of all corporations, associations and

persons engaged in such business, by the Michigan public utilities

commission; to define the powers and duties of the commission in

relation thereto; and to prescribe penalties for violations of the

provisions hereof,"

by amending section 2a (MCL 483.2a), as added by 1997 PA 125.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2a. (1) As used in this section and section 2b, :

     (a) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     (b) "Pipeline" "pipeline" means a pipeline used or to be used

to transport crude oil or petroleum or carbon dioxide substances.

     (2) A person who is conducting survey work for a proposed

pipeline under this act shall notify all affected property owners

in writing before a survey crew enters the owner's property.

     (3) Any offer to a landowner for an easement for the purpose

of locating, laying, constructing, maintaining, and operating , and

transporting crude oil or petroleum pipelines on agricultural

property in this state shall include all of the following

information:

     (a) The anticipated physical impact of pipeline construction

on the landowner's property.

     (b) Written assurance that any agricultural drainage tile that

is damaged or removed during the construction or repair of a

pipeline will be repaired or replaced to preconstruction working

condition. As used in this subdivision, "drainage tile" includes

any surface or subsurface system by which the movement of water is

redirected.

     (c) Written assurance that topsoil that is disturbed due to by

construction or repair of a pipeline is properly separated and

replaced. As used in this subdivision, "topsoil" means surface soil

that is presumed to be fertile as distinguished from subsoil.

     (d) The method by which property will be appraised.

     (e) For property used to produce crops prior to construction

of a pipeline, an estimate of the value of the loss of the

productivity based on the historic yield of the site before

construction of a pipeline. The agricultural property owner shall

provide historic crop yield values upon request.

     (f) That payment will be made for all damages incurred after

construction of the pipeline due to because of the pipeline owner's

or operator's entry upon the property to exercise easement rights,

except that the owner or operator of the pipeline is allowed to may

maintain a clear right-of-way without further compensation being

due to compensating the landowner.

     (g) That the landowner has rights under the uniform

condemnation procedures act, 1980 PA 87, MCL 213.51 to 213.77,

213.75, and a copy of the act to the landowner.that act.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

     (a) House Bill No. 4885.

     (b) House Bill No. 5255.