Page:United States Statutes at Large Volume 119.djvu/966

 119 STAT. 948 Regulations.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(2) The Commission shall issue rules specifying— ‘‘(A) the form of the application; ‘‘(B) the information to be contained in the application; and ‘‘(C) the manner of service of notice of the permit application on interested persons. ‘‘(d) COMMENTS.—In any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian tribe, private property owners, and other interested persons, a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. ‘‘(e) RIGHTS-OF-WAY.—(1) In the case of a permit under subsection (b) for electric transmission facilities to be located on property other than property owned by the United States or a State, if the permit holder cannot acquire by contract, or is unable to agree with the owner of the property to the compensation to be paid for, the necessary right-of-way to construct or modify the transmission facilities, the permit holder may acquire the rightof-way by the exercise of the right of eminent domain in the district court of the United States for the district in which the property concerned is located, or in the appropriate court of the State in which the property is located. ‘‘(2) Any right-of-way acquired under paragraph (1) shall be used exclusively for the construction or modification of electric transmission facilities within a reasonable period of time after the acquisition. ‘‘(3) The practice and procedure in any action or proceeding under this subsection in the district court of the United States shall conform as nearly as practicable to the practice and procedure in a similar action or proceeding in the courts of the State in which the property is located. ‘‘(4) Nothing in this subsection shall be construed to authorize the use of eminent domain to acquire a right-of-way for any purpose other than the construction, modification, operation, or maintenance of electric transmission facilities and related facilities. The rightof-way cannot be used for any other purpose, and the right-ofway shall terminate upon the termination of the use for which the right-of-way was acquired. ‘‘(f) COMPENSATION.—(1) Any right-of-way acquired pursuant to subsection (e) shall be considered a taking of private property for which just compensation is due. ‘‘(2) Just compensation shall be an amount equal to the fair market value (including applicable severance damages) of the property taken on the date of the exercise of eminent domain authority. ‘‘(g) STATE LAW.—Nothing in this section precludes any person from constructing or modifying any transmission facility in accordance with State law. ‘‘(h) COORDINATION OF FEDERAL AUTHORIZATIONS FOR TRANSMISSION FACILITIES.—(1) In this subsection: ‘‘(A) The term ‘Federal authorization’ means any authorization required under Federal law in order to site a transmission facility. ‘‘(B) The term ‘Federal authorization’ includes such permits, special use authorizations, certifications, opinions, or other

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