2025 Session Last amended: 1976 session

§ 453.56 — Eminent Domain

Plain-Language Summary

A municipal power agency can use eminent domain to take private property needed for power generation and transmission. However, it cannot take property that is already part of another utility's existing, planned, or under-construction system.

Practical Notes
If you own property that a municipal power agency needs for its facilities, the agency can condemn it under Chapter 117, which requires fair compensation. However, the agency cannot take property belonging to another electric utility. This protection prevents one utility from taking over another’s infrastructure.