Minnesota Statutes

Minn. Stat. § 216B.46 (2026)

Municipal Acquisition Procedures; Notice; Election

✓ current as of May 2026

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Any municipality which desires to acquire the property of a public utility as authorized under the provisions of section 216B.45 may determine to do so by resolution of the governing body of the municipality taken after a public hearing of which at least 30 days' published notice shall be given as determined by the governing body. The determination shall become effective when ratified by a majority of the qualified electors voting on the question at a special election to be held on a date authorized by section 205.10, subdivision 3a.

Notes of Decisions

Cited in 3 cases, 1981–2018 · leading case: City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981).

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City of Shakopee v. Minnesota Valley Elec. Coop., 303 N.W.2d 58 (Minn. 1981). · cites it 2× “Section 216B.46 provides: Any municipality which desires to acquire the property of a public utility as authorized under the provisions of section 216B.”

LSP Transmission Holdings, LLC v. Lange, 329 F. Supp. 3d 695 (D. Me. 2017). “Importantly, Congress and FERC have both indicated that Minnesota is entitled to make the policy decision to adopt a right of first refusal to build new transmission lines.”

LSP Transmission Holdings, LLC v. Lange (D. Minnesota 2018). “§ 216B.46, Minnesota not only gives existing owners a right of first refusal to build new transmission lines that will connect to their existing facilities, but in return Minnesota also places extensive regulatory burdens on those owners.”

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