Section 266.353

Title XVII AGRICULTURE AND ANIMALS

Chapter 266

Effective - 28 Aug 1983   

  266.353.  Liquid fertilizer solution pipeline companies to be public utilities — right to exercise eminent domain, approval procedure — limitations. — 1.  Liquid fertilizer solution pipeline companies referred to in section 523.010 shall be public utilities as defined under section 386.020.

  2.  The right to exercise the power of eminent domain granted, in accordance with section 523.010, to any person, corporation, or association for the construction of a pipeline for transporting or carrying liquid fertilizer solutions, shall not be exercised by such person, corporation, or association until the plans of the project, for which the exercise of the power of eminent domain is proposed, shall first have been submitted to and approved by the director of the department of natural resources.  The director shall review such plans and determine the effect such project, if pursued, would have on the environment, including recommendations for changes or alterations, if any, that would be required before such project would be approved.  Failure of the director to approve or disapprove the plans so submitted within sixty days after submission shall be deemed approval and the power of eminent domain may thereupon be exercised for such project.  In the event the director fails to approve the plans, the person, corporation, or association submitting the plans shall have the right to appeal such decision to the circuit court of Cole County or the circuit court of any county through which the pipeline is to be constructed.  In the event the director approves the plans, any landowner of property over which the pipeline is to be laid shall have the right to appeal such decision to the circuit court of Cole County or the circuit court in any county through^* which the pipeline is to be constructed.

  3.  This act shall apply only to carriers providing fertilizers to Missouri consumers from points located in Missouri.

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(L. 1983 S.B. 144 § 2, subsecs. 1, 2, 3)

*Word "through" does not appear in original rolls.