2007 Regular Session
To: Public Utilities
AN ACT TO AMEND SECTION 11-27-48, MISSISSIPPI CODE OF 1972, TO INCLUDE THE FEDERAL ENERGY REGULATORY COMMISSION IN THE EXEMPTION FROM OBTAINING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR EMINENT DOMAIN PURPOSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 11-27-48, Mississippi Code of 1972, is amended as follows:
11-27-48. No entity empowered under the laws of the State of Mississippi to exercise the power of eminent domain shall be required, as a condition precedent to exercising such power, to obtain from the applicable regulatory agency, whether the Mississippi Public Service Commission or the Federal Energy Regulatory Commission, or any successor agency, any of the following:
(a) A determination that the entity qualifies as one to which the Legislature has granted the power of eminent domain;
(b) A determination that the entity has complied with state law in invoking the statutory power of eminent domain; or
(c) A certificate of public convenience and necessity for the particular taking in question.
However, this section shall not affect or alter in any way the terms and provisions contained in Sections 77-3-13, 77-3-17 and 77-3-21.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.