Concerning common carriers and including effective date and applicability provisions

This bill defines a common carrier for purposes of Code chapters 6A (eminent domain law) and 6B (procedure under eminent domain) as a commercial enterprise that transports goods or passengers for hire as a public employment. A carrier that transports hazardous liquid only qualifies as a common carrier if the carrier transports a commodity, defined as a product that is used by an individual consumer or used to produce a product used by an individual consumer, for one or more shippers that are unaffiliated with the carrier and will not sell the hazardous liquid to the carrier. The federal energy regulatory commission’s determination on whether a carrier qualifies as a common carrier is controlling. Under current law, when a property owner or an acquiring agency seeks judicial review of an exercise of eminent domain, an acquiring agency must prove by a preponderance of the evidence that the definition of public use, public purpose, or public improvement is met. The bill provides that an acquiring agency seeking to use eminent domain pursuant to a grant under Code chapter 479B (hazardous liquid pipelines and storage facilities) must prove by clear and convincing evidence that the exercise of eminent domain meets the definition of a public use, public purpose, or public improvement. The bill prohibits a pipeline company from being vested with the right of eminent domain unless the pipeline company qualifies as a common carrier. The bill takes effect upon enactment and applies to condemnation proceedings for which the application is filed on or after the effective date of the bill.