Minnesota Statutes

Minn. Stat. § 216B.45 (2026)

Municipal Purchase Of Public Utility

✓ current as of May 2026
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Any public utility operating in a municipality under a license, permit, right, or franchise shall be deemed to have consented to the purchase by the municipality, for just compensation, of its property operated in the municipality under such license, permit, right, or franchise. The municipality, subject to the provisions of Laws 1974, chapter 429, may purchase the property upon notice to the public utility as herein provided. Whenever the commission is notified by the municipality or the public utility affected that the municipality has, pursuant to law, determined to purchase the property of the public utility, and that the parties to the purchase and sale have been unable to agree on the amount to be paid and received therefor, the commission shall set a time and place for a public hearing, after not less than 30 days' notice to the parties, upon the matter of just compensation or the matter of the property to be purchased. Within a reasonable time the commission shall, by order, determine the just compensation for the property to be purchased by the municipality. In determining just compensation, the commission shall consider the original cost of the property less depreciation, loss of revenue to the utility, expenses resulting from integration of facilities, and other appropriate factors. The order of the commission may be reviewed as provided in section 216B.52. Commission expenses arising out of the exercise of its jurisdiction under this section shall be assessed to the municipality. For purposes of this section, a public utility shall include a cooperative electric association.

Notes of Decisions
Cited in 3 cases, 1981–1991 · leading case: City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981).
City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981). · cites it 12× “01 (1980) gives Shakopee the power to condemn what it may purchase and Minn.Stat. § 216B.45 (1980) permits the city to purchase what it here seeks to condemn.”
City of Rochester v. People's Coop. Power Ass'n, 466 N.W.2d 753 (Minn. Ct. App. 1991). · cites it 9× “Minn.Stat. §§ 216B.45 and 216B.46 provide for purchase by a municipality of another utility’s property where that utility is already operating within the municipality.”
Rochester v. People's Co-op. Power Ass'n, 466 N.W.2d 753 (Minn. Ct. App. 1991). · cites it 9× “Minn.Stat. §§ 216B.45 and 216B.46 provide for purchase by a municipality of another utility's property where that utility is already operating within the municipality.”
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