361.05 Right of eminent domain to natural gas companies.—Any corporation or other business entity organized under the laws of this state, or by virtue of the laws of any other state, and qualified to do business in this state, for the purpose of supplying any city, town, village or the inhabitants thereof, or any community with natural gas for domestic or industrial purposes, including any natural gas transmission pipeline company that has received certification under ss. 403.9401-403.9425 or an entity that is subject to regulation under the federal Natural Gas Act, 15 U.S.C. s. 717, shall have the right of eminent domain and may use the provisions of chapters 73 and 74 to lay its pipelines and works; to cause such examinations and surveys for the proposed pipelines to be made as shall be necessary for the selection of the most advantageous routes; to enter upon any land, public or private, necessary to the business contemplated in its charter; to construct its pipelines across, over, under, along, and upon any stream of water, watercourse, canal, lake, bay, gulf, road, street, highway, railroad, and transmission line; to take from any land most convenient to its pipelines and works, any timber, stone, earth, water, or other material which may be necessary to the construction, operation, keeping in repair, or preservation of its pipelines, works, and improvements, upon making due compensation according to law to private owners, with such reservation, if any, of oil, gas, and mineral rights as those owners may determine. If, in order to make repairs to or to relocate any tracks of any railroad or for the performance of any work of construction or reconstruction by any railroad upon its right-of-way, it becomes necessary to relocate temporarily or permanently any natural gas pipeline constructed upon any railroad right-of-way, such work incident to the relocation of such natural gas pipeline shall be performed, and the expense borne, by the company owning or operating that pipeline.
History.—s. 1, ch. 26893, 1951; s. 13, ch. 92-284; s. 1, ch. 2004-77.
Cited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21819032
...construct or operate water works systems, sewerage systems, sewage treatment works, garbage collection and garbage disposal plants. See §§ 180.06, .22. FGTC is neither a municipality nor a qualified private company under the terms of chapter 180. Section 361.05 allows qualified natural gas transmission pipeline companies to exercise the right of eminent domain, but it does not expressly authorize a natural gas company to use the quick-take provisions of chapter 74. See § 361.05....
...companies the power of eminent domain under chapter 73 and the right to use the quick-take procedures under chapter 74. Strictly construing the statutory language, as we are required to do, does not permit us to adopt the expansive interpretation of section 361.05 offered by FGTC. FGTC's interpretation requires the addition of words to section 361.05 in order to give natural gas transmission companies the right to use the quick-take procedures....
...ly missing words."). This is not a situation where the addition of words is necessary to prevent the statute from having an absurd meaning or to make it conform to obvious legislative intent. See id. Accordingly, we reject FGTC's argument concerning section 361.05....
...at 366-67 , 63 S.Ct. 573 ). And even if a federal rule was adopted, that would do nothing to address the corresponding lack of uniformity stemming from the fact that Natural Gas Act condemnation proceedings may be brought in federal or state court. See .§ 361.05, Fla....
Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1656, 1986 Fla. App. LEXIS 9173
...Any corporation organized under the laws of this State, or by virtue of the laws of any other state, and qualified to do business in this State, for the purpose of supplying natural gas for domestic and industrial purposes, may exercise the right of eminent domain to lay pipe lines. Section 361.05, Florida Statutes (1983)....
Published | Court of Appeals for the Eleventh Circuit
...§ 717f(h). Some states, like Florida, au-
thorize these licensees to exercise the eminent-domain power of
the state to condemn property for the purpose of constructing or
maintaining natural-gas pipelines. See, e.g., Fla. Stat. § 361.05.
Similarly, Section 717f(h) is a delegation to private parties of the
federal government’s eminent-domain authority....
...Power, 617 F.2d at 1122
(explaining that, under the parallel text in the Federal Power Act,
“a licensee often has the option of utilizing either state or federal
eminent domain power”); see also S. Rep. No. 429, supra, at 1–2;
see, e.g., Fla. Stat. § 361.05....
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