PART I EMINENT DOMAIN RIGHTS

PART II JOINT ELECTRIC POWER SUPPLY PROJECTS

CHAPTER 361

361.01 Eminent domain.

History. — s. 10, ch. 1639, 1868; RS 2158; GS 2683; RGS 4111; CGL 6042.

361.02 Constructing dams for waterpower.

History. — s. 1, ch. 5198, 1903; GS 2684; RGS 4112; CGL 6043; s. 544, ch. 95-148.

361.025 Right of eminent domain to railroad companies.

History. — ss. 6, 16, ch. 82-90; s. 3, ch. 83-113; s. 1, ch. 83-212; ss. 9, 10, ch. 92-192; s. 147, ch. 99-13.

361.03 Right of eminent domain to electric railway companies.

History. — s. 1, ch. 5018, 1901; GS 2685; RGS 4113; CGL 6044.

361.04 Right of eminent domain to waterworks companies.

History. — s. 1, ch. 4165, 1893; GS 2686; RGS 4114; CGL 6045.

361.05 Right of eminent domain to natural gas companies.

History. — s. 1, ch. 26893, 1951; s. 13, ch. 92-284; s. 1, ch. 2004-77.

361.06 Right of eminent domain to petroleum and petroleum products pipeline companies.

History. — s. 1, ch. 57-1983; s. 1, ch. 69-300.

361.07 Right of eminent domain to companies owning and operating sewer or wastewater reuse systems.

History. — s. 2, ch. 65-248; s. 10, ch. 93-51; s. 545, ch. 95-148.

361.08 Right of eminent domain to coal pipeline companies.

(1) It is the intent of the Legislature that the purpose of adopting this

section to provide eminent domain powers and related benefits to certain firms is to make available low-cost electric power to all residents of the state and that this

section should be construed consistently with this public interest policy.

(2) Any corporation, partnership, joint venture, association, or other legal entity organized under the laws of this state, or under the laws of any other state and qualified to do business in this state, for the purpose of supplying any electric utility or utilities; any city, town, or village or the inhabitants thereof; or any community with coal or its derivatives and any mixture and combination thereof by pipeline, and for the purpose of serving as a common carrier operating or proposing to operate a pipeline or pipelines for transporting or delivering coal or its derivatives or any mixture or combination thereof, shall have the right of eminent domain, for the purpose of acquiring title, easements, rights-of-way, or other rights or interests in property, necessary to acquire and take private property which is or may be needed for the construction, operation, maintenance, repair, or replacement of coal slurry and derivative plants, pipelines, pumping stations, and any other installations and works incident thereto.

The procedure to condemn property or interest therein shall be exercised in the manner set forth in chapters 73 and 74. In any condemnation proceeding under this act, the circuit court shall restrict the exercise of the right of eminent domain in the following particulars:

History. — ss. 1, 2, ch. 79-236; s. 546, ch. 95-148; s. 9, ch. 2006-214.

361.10 Purpose.

History. — s. 1, ch. 75-200.

361.11

Definitions.

(1) “Project” means a joint electric power supply project and any and all facilities, including all equipment, structures, machinery, and tangible and intangible property, real and personal, for the joint generation or transmission of electrical energy, or both, including any fuel supply or source useful for such a project.

(2) “Electric utility” means any municipality, authority, commission, or other public body, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electrical energy generation, transmission, or distribution system within the state on June 25, 1975.

(3) “Person” means:

(4) “Foreign public utility” means any person, as defined in subsection (3), the principal location or principal place of business of which is not located within this state, which owns, maintains, or operates facilities for the generation, transmission, or distribution of electrical energy and which supplies electricity to retail or wholesale customers, or both, on a continuous, reliable, and dependable basis; or any affiliate or subsidiary of such person, the business of which is limited to the generation or transmission, or both, of electrical energy and activities reasonably incidental thereto.

History. — s. 2, ch. 75-200; s. 3, ch. 82-53.

361.12 Joint electric power supply project.

(1) Any other electric utility;

(2) Any organization, association, or separate legal entity whose membership consists only of electric utilities;

(3) One or more foreign public utilities; or

(4) Any other person, if the right to full possession and to all of the use, services, output, and capacity of any such project during the original estimated useful life thereof is vested, subject to creditors’ rights, in any one or more electric utilities, in any one or more of any such legal entity, in any one or more foreign public utilities, or in any combination thereof;

History. — s. 3, ch. 75-200; s. 4, ch. 82-53.

361.13 Powers.

(1) To plan, finance, acquire, construct, purchase, operate, maintain, use, share the cost of, own, lease, sell, or dispose of any project or projects within or without the state.

(2) To exercise the power of eminent domain, except to acquire the generating, transmission, or distribution facilities of any other electric utility or foreign public utility.

(3) To purchase capacity or energy, or both, in any quantity agreed upon in the joint power agreement from any project in which the purchaser has an ownership interest.

History. — s. 4, ch. 75-200; s. 5, ch. 82-53.

361.14 Limitation on joint ownership of project or output thereof.

History. — s. 5, ch. 75-200; s. 6, ch. 82-53.

361.15 Issuance of bonds.

History. — s. 6, ch. 75-200.

361.16 Powers supplemental.

History. — s. 7, ch. 75-200.

361.17 Project taxing power; interests subject to taxation.

History. — s. 8, ch. 75-200.

361.18 Construction.

(1) The provisions of this part, being necessary for the welfare and prosperity of the state and its inhabitants, shall be liberally construed to effect its purposes.

(2) Chapter 82-53, Laws of Florida, shall be deemed to be enacted for the purpose of further implementing the provisions of s. 10(d), Art. VII of the State Constitution, as amended.

History. — s. 9, ch. 75-200; s. 8, ch. 82-53.