{"id":15947,"date":"2016-03-01T03:14:28","date_gmt":"2016-03-01T08:14:28","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/?p=15947"},"modified":"2016-03-01T03:30:22","modified_gmt":"2016-03-01T08:30:22","slug":"ga-house-passes-moratorium-on-eminent-domain-for-petroleum-pipelines-in-hb-1036-at-last-minute","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2016\/03\/ga-house-passes-moratorium-on-eminent-domain-for-petroleum-pipelines-in-hb-1036-at-last-minute.html","title":{"rendered":"GA House passes moratorium on eminent domain for petroleum pipelines in HB 1036 at last minute"},"content":{"rendered":"

\r\nA moratorium on eminent domain for petroleum pipelines until June 30, 2017\r\npending study of land use rights,\r\n\r\n\"Moratorium<\/a>\r\na change throughout of right<\/strike> to power<\/u> of eminent domain,\r\nand “natural resources, environment, and vital areas of the state” now mentioned first, in HB 1036,\r\npassed yesterday, the last day for either half of the Georgia legislature\r\nto adopt a bill before sending it to the other half.\r\nA small change from the Georgia Senate could also affect natural gas pipelines. \r\n

\r\nSee also\r\nWalter C. Jones, jacksonville.com, 24 February 2016,\r\n\r\nSenate subcommittee approves moratorium on eminent domain for petroleum pipelines in Georgia<\/a>,\r\n\r\n\r\n

\r\n

\r\nHowever, it does not stop Texas-based Kinder Morgan from having its\r\nemployees work on building its planned Palmetto Pipeline in tasks\r\nthat don’t require seizures such as engineering or negotiations with\r\nwilling property owners. And the company isn’t stopped from applying\r\nfor a required permit from the Environmental Protection Division.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nThe bill summary says it’s about “petroleum pipelines” but its Section 1\r\nsays it’s about “the construction and operation of petroleum pipelines and gas pipelines”, and sections 22-3-87(b)(1), 22-3-88(b)(4), 22-3-88(c)(5),\r\nand 22-3-91\r\n strike the word “petroleum” before pipeline.\r\nHowever, it merely renames\r\nthe old section\r\n22-3-88.<\/strike>\r\nto be\r\n22-3-95.<\/u>\r\nand that’s the section that gives power of eminent domain to natural gas companies.\r\nThe Georgia Senate can still fix that so as to also deal with Sabal Trail.\r\nYes, I know FERC claims federal law trumps state law, but with\r\nNew York State right now challenging FERC and Spectra against another pipeline<\/a>,\r\nand during a presidential election year in which pipelines already\r\nare an issue,\r\nnow is the time.\r\n

\r\n

\r\nFirst Reader Summary\r\n

\r\nA BILL to be entitled an Act to amend Chapter 3 of Title 22 of the\r\nO.C.G.A., relating to the exercise of power of eminent domain for\r\nspecial purposes, so as to change certain provisions relating to the\r\nexercise of power of eminent domain for construction of petroleum\r\npipelines and the environmental permitting requirements for\r\npetroleum pipelines; to enact a temporary moratorium on the use of\r\neminent domain for construction of petroleum pipelines and the\r\npermitting for construction of such pipelines so that a commission\r\nof elected officials and field experts can conduct a detailed study;\r\nto provide for related matters; to provide an effective date; to\r\nrepeal conflicting laws; and for other purposes.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nHere is the full bill<\/a>.\r\nAlmost as remarkable as the bill’s content is that it came out of a committee\r\nchaired by\r\n\r\nMr. ALEC, Don Parsons<\/a>.\r\n

\r\n

\r\nThe House Committee on Energy, Utilities and Telecommunications\r\noffers the\r\n\r\nfollowing substitute to HB 1036:\r\n

\r\nA BILL TO BE ENTITLED\r\n
\r\nAN ACT\r\n

1 To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the\r\n
2 exercise of power of eminent domain for special purposes, so as to change certain provisions\r\n
3 relating to the exercise of power of eminent domain for construction of petroleum pipelines;\r\n
4 to provide for legislative findings; to provide for definitions; to enact a temporary\r\n
5 moratorium on the use of eminent domain powers for construction of petroleum pipelines so\r\n
6 that a commission of elected officials and field experts can conduct a detailed study; to\r\n
7 ensure the exercise of eminent domain powers by petroleum pipelines is carried out in a\r\n
8 prudent and responsible manner consistent with this state’s essential public interests; to\r\n
9 provide for the membership, powers, duties, compensation, and allowances of the\r\n
10 commission; to provide for the abolishment of the commission; to suspend the exercise of\r\n
11 the power of eminent domain by pipeline companies for a certain period; to provide for an\r\n
12 exception; to move existing provisions relating to the use of the power of eminent domain\r\n
13 for natural or artificial gas; to provide for applicability; to provide for related matters; to\r\n
14 provide an effective date; to repeal conflicting laws; and for other purposes.\r\n

15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:<\/span>\r\n

16 SECTION 1.<\/span>\r\n
17 Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of\r\n
18 power of eminent domain for special purposes, is amended by revising Article 4, relating to\r\n
19 the construction and operation of petroleum pipelines and gas pipelines, as follows:\r\n

20 “ARTICLE 4<\/span>\r\n
21 Part 1<\/span>\r\n

22 22-3-80.\r\n
23 The General Assembly finds and declares that, based on an authorized study by the<\/strike>\r\n
24 Petroleum Pipeline Study Committee created by the General Assembly, while petroleum<\/strike>\r\n
25 pipelines are appropriate and valuable for use in the transportation of petroleum and<\/strike>\r\n
26 petroleum products, there are certain problems and characteristics indigenous to such<\/strike>\r\n
27 pipelines which require the enactment and implementation of special procedures and<\/strike>\r\n
28 restrictions on petroleum pipelines and related facilities as a condition of the grant of the<\/strike>\r\n
29 power of eminent domain to petroleum pipeline companies.<\/strike>\r\nWith respect to the siting and<\/u>\r\n
30 regulation of petroleum pipelines in this state, the General Assembly finds that:<\/u>\r\n
31 (1) The natural resources, environment, and vital areas of the state are of utmost<\/u>\r\n
32 importance to the state and its citizens and the State of Georgia has an essential public<\/u>\r\n
33 interest in establishing minimum standards for land use in order to protect and preserve<\/u>\r\n
34 its natural resources, environment, and vital areas;<\/u>\r\n
35 (2) State law presently grants pipeline companies the power to acquire property or<\/u>\r\n
36 interests in property through the use of eminent domain;<\/u>\r\n
37 (3) The procedures that pipeline companies are required to use to exercise such statutory<\/u>\r\n
38 powers of eminent domain have not been reviewed since the Petroleum Pipeline Study<\/u>\r\n
39 Committee created in an Act approved March 24, 1994 (Ga. L. 1994, p. 229) and<\/u>\r\n
40 abolished on January 1, 1995, studied the issue;<\/u>\r\n
41 (4) Technology has significantly advanced in the past decade and the pipeline industry<\/u>\r\n
42 has also changed;<\/u>\r\n
43 (5) The vitally important issue of land use impacts associated with pipelines that are<\/u>\r\n
44 presently in use and being developed for future use merits a detailed study by elected<\/u>\r\n
45 officials and experts in this field to ensure that the exercise of eminent domain by<\/u>\r\n
46 pipeline companies is carried out in a prudent and responsible manner consistent with this<\/u>\r\n
47 state’s essential public interest in establishing minimum standards for land use in order<\/u>\r\n
48 to protect and preserve its natural resources, environment, and vital areas; and<\/u>\r\n
49 (6) A temporary moratorium on the exercise of eminent domain powers of pipeline<\/u>\r\n
50 companies through June 30, 2017, would provide the General Assembly with time to<\/u>\r\n
51 study the need for any changes to land use controls or restrictions related to pipeline<\/u>\r\n
52 companies seeking to deliver petroleum to residents of this state or other states, including<\/u>\r\n
53 but not limited to those related to siting of pipelines, and to assess various proposals<\/u>\r\n
54 relating to the eminent domain powers that pipeline companies presently enjoy, the<\/u>\r\n
55 issuance of certain environmental permits to pipeline companies, and the enactment of<\/u>\r\n
56 additional laws to ensure the consistency of pipeline development and operation with the<\/u>\r\n
57 state’s land use goals and standards.<\/u>\r\n

58 22-3-81.\r\n
59 As used in this article, the term:<\/u>\r\n
60 (1) ‘Commission’ means the State Commission on Petroleum Pipelines created pursuant<\/u>\r\n
61 to Code Section 22-3-82.<\/u>\r\n
62 (1)<\/strike>(2)<\/u> ‘Pipeline’ means a pipeline constructed or to be constructed as a common carrier\r\n
63 in interstate or intrastate commerce for the transportation of petroleum or petroleum\r\n
64 products in or through this state.\r\n
65 (2)<\/strike>(3)<\/u> ‘Pipeline company’ means a corporation organized under the laws of this state or\r\n
66 which is organized under the laws of another state and is authorized to do business in this\r\n
67 state and which is specifically authorized by its charter or articles of incorporation to\r\n
68 construct and operate pipelines for the transportation of petroleum and petroleum\r\n
69 products.\r\n
70 (3)(4) ‘Pipeline facility’ or ‘pipeline facilities’ means and includes the pipeline and all\r\n
71 equipment or facilities, including lateral lines, essential to the operation of the pipeline\r\n
72 but shall not include any storage tank or storage facility which is not being constructed\r\n
73 as a part of the operation of the pipeline.\r\n

74 22-3-82.<\/u>\r\n
75 There is created the State Commission on Petroleum Pipelines to be composed of three<\/u>\r\n
76 members of the House of Representatives to be appointed by the Speaker of the House of<\/u>\r\n
77 Representatives; three members of the Senate to be appointed by the President of the<\/u>\r\n
78 Senate; the commissioner of natural resources or his or her designee; the commissioner of<\/u>\r\n
79 community affairs or his or her designee; and five members to be appointed by the<\/u>\r\n
80 Governor, including one member who shall represent the petroleum industry and four<\/u>\r\n
81 members who shall represent a cross section of the interests of local government, business,<\/u>\r\n
82 agriculture, and conservation. The Speaker of the House of Representatives and the<\/u>\r\n
83 President of the Senate shall each select a cochairperson. The cochairpersons shall call all<\/u>\r\n
84 meetings of the commission. Administrative support for the commission shall be provided<\/u>\r\n
85 by the staff of the Office of Planning and Budget, the staff of the Department of Natural<\/u>\r\n
86 Resources, or the staff of the Department of Community Affairs, as appropriate.<\/u>\r\n

87 22-3-83.<\/u>\r\n
88 (a) The commission shall perform the following by December 31, 2016:<\/u>\r\n
89 (1) Examine the impacts on land associated with pipeline siting, construction, and<\/u>\r\n
90 operation, including impacts associated with potential leaks and spills;<\/u>\r\n
91 (2) Examine the current legal and regulatory structure pertinent to the protection of land<\/u>\r\n
92 uses and natural resources from impacts associated with pipeline siting, construction, and<\/u>\r\n
93 operation;<\/u>\r\n
94 (3) Examine the purposes behind and necessity of, if any, Part 2 of this article and the<\/u>\r\n
95 grant therein of eminent domain powers to pipeline companies and the siting procedures<\/u>\r\n
96 therein and weigh those with the rights of property owners affected by the use of such<\/u>\r\n
97 eminent domain powers;<\/u>\r\n
98 (4) Consider the extent to which the powers granted pipeline companies under Part 2 of<\/u>\r\n
99 this article, and more broadly the existing legal and regulatory system pertinent to the<\/u>\r\n
100 siting, construction, and operation of pipelines, are consistent with and implement<\/u>\r\n
101 Georgia’s essential public interest in establishing minimum standards for land use in order<\/u>\r\n
102 to protect and preserve its natural resources, environment, and vital areas;<\/u>\r\n
103 (5) Consider legal and regulatory mechanisms by which the eminent domain powers of<\/u>\r\n
104 pipeline companies can be appropriately restricted or controlled in order to ensure siting<\/u>\r\n
105 of pipelines that is consistent with current state and local land use policies and the<\/u>\r\n
106 protection of natural resources;<\/u>\r\n
107 (6) Consider whether any changes to the siting procedures in this article are necessary<\/u>\r\n
108 to protect the residents of this state in consideration of whether the pipeline is delivering<\/u>\r\n
109 petroleum to customers inside or outside this state;<\/u>\r\n
110 (7) Prepare a report summarizing the findings of the commission and submit such report<\/u>\r\n
111 to the President of the Senate and the Speaker of the House of Representatives and to the<\/u>\r\n
112 chairpersons of each of the standing committees of the Senate and of the House of<\/u>\r\n
113 Representatives which regularly consider proposed legislation related to transportation,<\/u>\r\n
114 energy, or natural resources; and<\/u>\r\n
115 (8) Recommend to the General Assembly proposed legislation as necessary to<\/u>\r\n
116 accomplish the continuing goal of ensuring that pipeline siting, construction, and<\/u>\r\n
117 operation are consistent with and implement the State of Georgia’s essential public<\/u>\r\n
118 interest in establishing minimum standards for land use in order to protect and preserve<\/u>\r\n
119 its natural resources, environment, and vital areas and to best serve the residents of this<\/u>\r\n
120 state.<\/u>\r\n
121 (b) The legislative members of the commission shall be entitled to receive the<\/u>\r\n
122 compensation and allowances provided for in Code Section 28-1-8. Members of the<\/u>\r\n
123 commission who are state officials, other than legislative members, or state employees<\/u>\r\n
124 shall receive no compensation for their services on the commission but may be reimbursed<\/u>\r\n
125 for expenses incurred by them in the performance of their duties as members of the<\/u>\r\n
126 commission in the same manner as they are reimbursed for expenses in their capacities as<\/u>\r\n
127 state officials or employees. Members of the commission who are not legislators, state<\/u>\r\n
128 officials, or state employees shall receive a daily expense allowance in an amount the same<\/u>\r\n
129 as that specified in subsection (b) of Code Section 45-7-21, as well as the mileage or<\/u>\r\n
130 transportation allowance authorized for state employees, and the funds for payment thereof<\/u>\r\n
131 shall come from funds of the Department of Natural Resources.<\/u>\r\n
132 (c) The commission may conduct such meetings at such places and at such times as it may<\/u>\r\n
133 deem necessary or convenient to enable it to exercise fully and effectively its powers,<\/u>\r\n
134 perform its duties, and accomplish the objectives and purposes of this part.<\/u>\r\n
135 (d) The commission shall stand abolished on January 1, 2017.<\/u>\r\n

136 Part 2<\/u><\/span>\r\n

137 22-3-85.<\/u>\r\n
138 (a)(1) The powers of eminent domain granted by this part to pipeline companies shall be<\/u>\r\n
139 temporarily suspended starting from the effective date of this Code section through and<\/u>\r\n
140 including June 30, 2017, in order to allow the commission to complete its report and<\/u>\r\n
141 recommendations and to allow the General Assembly to act on those recommendations<\/u>\r\n
142 during the 2017 legislative session.<\/u>\r\n
143 (2) Between the effective date of this Code section and June 30, 2017:<\/u>\r\n
144 (A) No pipeline company shall exercise any eminent domain powers under this part,<\/u>\r\n
145 including, without limitation, condemning any property through the exercise of eminent<\/u>\r\n
146 domain;<\/u>\r\n
147 (B) The commissioner of transportation shall not accept any applications for or issue<\/u>\r\n
148 any certificates of public convenience and necessity provided for in Code Section<\/u>\r\n
149 22-3-87; and<\/u>\r\n
150 (C) The Environmental Protection Division of the Department of Natural Resources<\/u>\r\n
151 shall not accept any applications for or issue any permits provided for in Code Section<\/u>\r\n
152 22-3-88.<\/u>\r\n
153 (b) The temporary suspension of the power of eminent domain provided in subsection (a)<\/u>\r\n
154 of this Code section shall not apply to acquisitions for the purpose of establishing the right<\/u>\r\n
155 to maintain an existing pipeline in place or to acquisitions within 200 feet of an existing<\/u>\r\n
156 pipeline for purposes of line replacements or relocations or for purposes of temporary work<\/u>\r\n
157 space for repairs of existing pipelines.<\/u>\r\n

158 22-3-82<\/strike> 22-3-86<\/u>.\r\n
159 (a) Subject to the provisions and restrictions of this article<\/strike> part<\/u>, pipeline companies are\r\n
160 granted the right<\/strike> power<\/u> to acquire property or interests in property by eminent domain for\r\n
161 the construction, reconstruction, operation, and maintenance of pipelines in this state;\r\n
162 provided, however, that prior to instigating eminent domain proceedings or threatening to\r\n
163 do so, the pipeline company shall cause to be delivered to each landowner whose property\r\n
164 may be condemned a written notice containing the following language in boldface type:\r\n
165 ‘CODE SECTIONS 22-3-80<\/strike> 22-3-86<\/u> THROUGH 22-3-87<\/strike> 22-3-91<\/u> OF THE OFFICIAL\r\n
166 CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS\r\n
167 WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES\r\n
168 BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY.\r\n
169 THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR\r\n
170 PROTECTION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE\r\n
171 REQUIREMENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS\r\n
172 CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPELINE\r\n
173 COMPANY.’\r\n
174 (b) The restrictions and conditions imposed by this article<\/strike> part<\/u> on the exercise of the power\r\n
175 of eminent domain by petroleum pipeline companies shall not apply to relocations of\r\n
176 pipelines necessitated by the exercise of a legal right by a third party or to any activities\r\n
177 incident to the maintenance of an existing pipeline or existing pipeline right of way. A\r\n
178 pipeline company shall have a right of reasonable access to property proposed as the site\r\n
179 of a pipeline for the purpose of conducting a survey of the surface of such property for use\r\n
180 in determining the suitability of such property for placement of a pipeline.\r\n
181 (c) After obtaining the certificate of convenience and necessity provided for in Code\r\n
182 Section 22-3-83<\/strike> 22-3-87<\/u> and after complying with the notice requirements set forth in\r\n
183 subsection (a) of this Code section, a pipeline company shall have a right of reasonable\r\n
184 access to any property proposed as the site of a pipeline for the purpose of conducting\r\n
185 additional surveying which may be necessary in preparing its submission to the Department\r\n
186 of Natural Resources as provided for in Code Section 22-3-84<\/strike> 22-3-88<\/u>.\r\n
187 (d) The owner of any property or property interest which is entered by a pipeline company\r\n
188 for the purpose of surveying such property, as allowed in this Code section, or for access\r\n
189 to or maintenance or relocation of an existing pipeline shall have the right to be\r\n
190 compensated for any damage to such property incident to such entry. Any survey\r\n
191 conducted pursuant to this article<\/strike> part<\/u> shall be conducted in such a fashion as to cause\r\n
192 minimal damage to the property surveyed.\r\n

193 22-3-83<\/strike> 22-3-87<\/u>.\r\n
194 (a) Before exercising the right<\/strike> power<\/u> of eminent domain as authorized in this article<\/strike> part<\/u>,\r\n
195 a pipeline company shall first obtain from the commissioner of transportation or the\r\n
196 commissioner’s designee a certificate of public convenience and necessity that such action\r\n
197 by the pipeline company is authorized. Such certificate shall not be unreasonably withheld.\r\n\r\n
198 (b) The commissioner of transportation<\/u> shall prescribe regulations pursuant to Chapter 13\r\n
199 of Title 50, the ‘Georgia Administrative Procedure Act,’ relative to the requirements for\r\n
200 obtaining a certificate of public convenience and necessity which shall include:\r\n
201 (1) A requirement that the application for such certificate shall include a description of\r\n
202 the proposed project including its general route, a description of the public convenience\r\n
203 and necessity which support the proposed pipeline route, the width of the proposed\r\n
204 pipeline corridor up to a maximum width of one-third mile, and<\/strike> a showing that use of the\r\n
205 power of eminent domain may be necessary to<\/strike> for<\/u> construction of the pipeline, and a\r\n
206 showing that the public necessity for the petroleum<\/strike> pipeline justifies the use of the power\r\n
207 of eminent domain;\r\n
208 (2) A provision for reasonable public notice of the application and the proposed route;\r\n
209 (3) Provision for a hearing on the application and the filing and hearing of any objections\r\n
210 to such application;\r\n
211 (4) A requirement that all hearings shall be held and a final decision rendered on any\r\n
212 application not later than 90 days from the date of the publication of notice required in\r\n
213 paragraph (2) of this subsection; and\r\n
214 (5) Such other reasonable requirements as shall be deemed necessary or desirable to a\r\n
215 proper determination of the application.\r\n
216 (c) In the event the application is not approved or denied within the time period provided\r\n
217 for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed\r\n
218 to be approved by operation of law.\r\n
219 (d) The approval and issuance of the certificate of public convenience and necessity shall\r\n
220 not be subject to review. The denial of the certificate may be reviewed by a judge of the\r\n
221 superior court of the county in which the pipeline company has an agent and place of doing\r\n
222 business. The review shall be by petition filed within 30 days of the date of disapproval of\r\n
223 the application and shall be determined on the basis of the record before the commissioner\r\n
224 of transportation<\/u>. The action of the commissioner of transportation<\/u> shall be affirmed if\r\n
225 supported by substantial evidence.\r\n

226 22-3-84<\/strike> 22-3-88<\/u>.\r\n
227 (a) In addition to obtaining a certificate as required in Code Section 22-3-83<\/strike> 22-3-87<\/u>, a\r\n
228 pipeline company shall, prior to the exercise of the power of eminent domain, obtain a\r\n
229 permit from the director of the Environmental Protection Division of the Department of\r\n
230 Natural Resources as provided in this Code section.\r\n
231 (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the ‘Georgia\r\n
232 Administrative Procedure Act,’ issue rules and regulations governing the obtaining of the\r\n
233 permit provided for in subsection (a) of this Code section which shall include:\r\n\r\n
234 (1) Reasonable public notice to an owner of property who, after reasonable efforts,\r\n
235 cannot personally be given the notice in subsection (a) of Code Section 22-3-82 22-3-86;\r\n
236 (2) Reasonable public notice of the filing of an application for a permit;\r\n
237 (3) Provisions for hearings on all applications for such permits; and\r\n
238 (4) A requirement that no such permit shall be granted by the division unless, prior to the\r\n
239 construction of any portion of the petroleum<\/strike> pipeline project for which the use of the\r\n
240 power of eminent domain may be required, the pipeline company has submitted the\r\n
241 proposed siting of such portion of the pipeline project to the division with appropriate\r\n
242 notices thereof to affected parties and unless the division director determines after a\r\n
243 hearing that the location, construction, and maintenance of such portion of the pipeline\r\n
244 is<\/strike> are<\/u> consistent with and not an undue hazard to the environment and natural resources\r\n
245 of this state, determined in accordance with the factors set forth in subsection (c) of this\r\n
246 Code section.\r\n
247 (c) In making the decision required by paragraph (4) of subsection (b) of this Code section,\r\n
248 the director shall determine:\r\n
249 (1) Whether the proposed route of such portion of the pipeline is an environmentally\r\n
250 reasonable route;\r\n
251 (2) Whether other corridors of public utilities already in existence may reasonably be\r\n
252 used for the siting of such portion of the pipeline;\r\n
253 (3) The existence of any local zoning ordinances and that such portion of the project will\r\n
254 comply with those ordinances unless to require such compliance would impose an\r\n
255 unreasonable burden on the project as weighed against the purpose of such ordinances;\r\n
256 (4) That ample opportunity has been afforded for public comment, specifically including\r\n
257 but not limited to comment by the governing body of any municipality or county within\r\n
258 which the proposed project or any part thereof is to be located; and\r\n
259 (5) Such reasonable conditions to the permit as will allow the monitoring of the effect\r\n
260 of the petroleum<\/strike> pipeline upon the property subjected to eminent domain and the\r\n
261 surrounding environment and natural resources.\r\n
262 (d) In the event an application under this Code section is not approved or denied\r\n
263 within 120 days of the date of the publication of notice required in paragraph (2) of\r\n
264 subsection (b) of this Code section, the application shall be deemed to be approved by\r\n
265 operation of law.\r\n

266 22-3-85<\/strike> 22-3-89<\/u>.\r\n
267 All hearings and appeals on applications for certificates and permits required under this\r\n
268 article<\/strike> part<\/u> shall be conducted in accordance with Chapter 13 of Title 50, the ‘Georgia\r\n
269 Administrative Procedure Act,’ provided that if the final decision of the Administrative\r\n
270 Law Judge on any appeal is not rendered within 120 days from the date of filing of a\r\n
271 petition for review, the decision of the director shall be affirmed by operation of law; and\r\n
272 provided further that judicial review of the approval or denial of an application under Code\r\n
273 Section 22-3-84<\/strike> 22-3-88<\/u> shall be governed by Code Section 12-2-1.\r\n

274 22-3-86<\/strike> 22-3-90<\/u>.\r\n
275 When a pipeline company which has obtained the certification and permits required in this\r\n
276 article<\/strike> part<\/u> is unable to acquire the property or interest required for such certified or\r\n
277 permitted project after reasonable negotiation with the owner of such property or interest,\r\n
278 the company may acquire such property or interest by the use of the condemnation\r\n
279 procedures authorized by Chapter 2 of this title.\r\n

280 22-3-87<\/strike> 22-3-91<\/u>.\r\n
281 If the portion of the petroleum<\/strike> pipeline route chosen and approved pursuant to Code\r\n
282 Section 22-3-84<\/strike> 22-3-88<\/u> unreasonably impacts any other property of the same owner which\r\n
283 is not acquired by eminent domain as a part of such portion of the project, there shall be\r\n
284 a right of compensation available under the laws of eminent domain for the fair market\r\n
285 value of any such damage upon the trial of the case of the parcel taken.\r\n
286 22-3-88.<\/strike>\r\n
287 The power of eminent domain may be exercised by persons who are or may be engaged in<\/strike>\r\n
288 constructing or operating pipelines for the transportation or distribution of natural or<\/strike>\r\n
289 artificial gas and by persons who are or may be engaged in furnishing natural or artificial<\/strike>\r\n
290 gas for heating, lighting, or power purposes in the State of Georgia.”<\/strike>\r\n

291 SECTION 2.<\/span>\r\n

292 Said chapter is further amended by adding a new article to read as follows:\r\n

293 “ARTICLE 4A<\/u><\/span>\r\n

294 22-3-95.<\/u>\r\n
295 The power of eminent domain may be exercised by persons who are or may be engaged in<\/u>\r\n
296 constructing or operating pipelines for the transportation or distribution of natural or<\/u>\r\n
297 artificial gas and by persons who are or may be engaged in furnishing natural or artificial<\/u>\r\n
298 gas for heating, lighting, or power purposes in this state.”<\/u>\r\n

299 SECTION 3.\r\n
300 This Act shall become effective upon its approval by the Governor or upon its becoming law\r\n
301 without such approval.\r\n

302 SECTION 4.\r\n
303 All laws and parts of laws in conflict with this Act are repealed. \r\n<\/blockquote>\r\n

\r\n -jsq\r\n<\/p>","protected":false},"excerpt":{"rendered":"A moratorium on eminent domain for petroleum pipelines until June 30, 2017 pending study of land use rights, a change throughout of right to power of eminent domain, and “natural resources, environment, and vital areas of the state” now mentioned first, in HB 1036, passed yesterday, the last day for either half of the Georgia […]","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_links_to":"","_links_to_target":""},"categories":[16,20,6124,559,6687,22],"tags":[4615,8706,8701,7622,9154,8702,5520,8710,12,7,5390,562,8782,8381,6076,8712,7357,6],"class_list":["post-15947","post","type-post","status-publish","format-standard","hentry","category-environment","category-law","category-natural-gas-2","category-oil","category-pipeline-2","category-politics","tag-eminent-domain","tag-environment","tag-georgia","tag-kinder-morgan","tag-kmi","tag-lake","tag-land-use","tag-law","tag-lowndes-area-knowledge-exchange","tag-lowndes-county","tag-moratorium","tag-natural-gas","tag-oil","tag-palmetto-pipeline","tag-pipeline","tag-politics","tag-property-rights","tag-valdosta"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p585fK-49d","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/15947","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/comments?post=15947"}],"version-history":[{"count":4,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/15947\/revisions"}],"predecessor-version":[{"id":15958,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/15947\/revisions\/15958"}],"wp:attachment":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/media?parent=15947"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/categories?post=15947"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/tags?post=15947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}