49-7-11. Pipelines that are common carriers--Exemption.

All pipelines holding themselves out to the general public as engaged in the business of transporting commodities for hire by pipeline are common carriers and are not subject to the provisions of Title 49 except as provided by this chapter and chapter 49-41B.

Source: SL 1980, ch 321, § 1; SL 1980, ch 328, § 3; SL 1981, ch 341.

49-7-12. Reasonable charges.

All charges for carriage of property by pipeline must be reasonable.

Source: SL 1980, ch 321, § 2.

49-7-13. Condemnation of pipeline right-of-way--Width across school and public lands.

Any pipeline companies owning a pipeline which is a common carrier as defined by § 49-7-11 may exercise the right of eminent domain in acquiring right-of-way as prescribed by statute. However, in the case of school and public lands, no right-of-way for the purpose of carriage of property by pipeline shall exceed ten feet in width but the pipeline company shall have the right to secure such land as may be reasonably required for pumps, stations, substations, tanks, or buildings necessary for the carriage of the type or kinds of property the pipeline company intends its pipeline to carry.

Source: SL 1980, ch 321, § 3.

49-7-14. Right-of-way across school and public lands--Extra width--Governor's approval.

A pipeline company planning to construct a pipeline in this state may locate and construct the pipeline across any of the school and public lands of this state, and may, for that purpose, hold, occupy, and enjoy a right-of-way therefore, as provided in § 49-7-13 as well as such extra width as may be necessary for cuts, embankments, and other works of the pipeline, subject to the approval of the Governor.

Source: SL 1980, ch 321, § 4.

49-7-15. Plat of pipeline route--Certification, acknowledgment and filing--Compensation for damages.

Each pipeline company planning to construct a pipeline in this state, that has surveyed its pipeline route, shall cause a plat of such route, clearly indicating the center line of the right of way and area thereof in acres and fractions, to be certified by its chief engineer or president, and acknowledged, and filed with the commissioner of school and public lands, and a duplicate with the register of deeds of each county in which the land is situated. There shall also be filed with the commissioner evidence in writing of contact with any leases of school and public lands showing that any damages accruing to an occupant or holder of any improvements upon said public lands has been or will be paid for the same as is provided for owners of private lands and that any damages or disruption of cultivation or grazing shall be compensated.

Source: SL 1980, ch 321, § 5.

49-7-16. Certificate issued by commissioner.

The commissioner of school and public lands shall, upon the filing in his office by any pipeline company of a map of its pipeline across any of the school or public lands, issue to the pipeline company a certificate stating that such lands have been reserved for its use. The certificate shall operate as authority to the pipeline company to take, hold, and use such lands for the purposes of its pipelines.

Source: SL 1980, ch 321, § 6.

49-7-17. Time allowed for pipeline construction--Forfeiture of rights by nonconstruction.

The filing with the commissioner of school and public lands of the map required by § 49-7-16 subject to the provisions of this chapter, authorizes the pipeline company, for one year from the filing date, to enter on the land surveyed and selected and construct a pipeline. If the pipeline company does not construct its pipeline across such land within one year after the filing of the map, it forfeits all rights acquired by the filing of the map.

Source: SL 1980, ch 321, § 7.

49-7-18. Payment for school and public lands taken--Valuation--Governor's deed--Reverter.

Before a pipeline is constructed over school and public lands, payment of the full value of the lands so taken must be made, the value to be ascertained by the commissioner of school and public lands or, in the event of disagreement, by the circuit court in the manner provided for a condemnation proceeding, the Governor shall convey by deed of right-of-way, to the pipeline company constructing the pipeline, the right to hold and use such lands for such purposes only as authorized by this chapter. The deed shall be executed in the name of the state by the Governor, under the great seal of the state, and attested by the commissioner of school and public lands, under the seal of his office. The deed shall contain the provisions that should the land cease to be used, for a period of two years, for the purpose for which the deed was granted, the right-of-way shall revert to the state.

Source: SL 1980, ch 321, § 8.

49-7-19. Relation back of title.

The title vested by the Governor's deed to such lands shall relate back to the date of the filing of the map with the commissioner of school and public lands pursuant to § 49-7-16. No subsequent grant from the state to any other person of any tract of land shall divest the pipeline company of its rights authorized by this chapter.

Source: SL 1980, ch 321, § 9.

49-7-20. Right to enter and cross school and public lands.

Nothing in this chapter may be so construed as to prevent any other person from obtaining the right to enter upon and cross school or other public lands of the state and to maintain his right-of-way across or along such lands.

Source: SL 1980, ch 321, § 10.

49-7-21. Subdivision of school and public lands--Pipeline right-of-way reserved.

The commissioner of school and public lands shall note on the maps in his office each legal subdivision of school and other public lands crossed by any pipeline and its location. In the disposition of such lands the commissioner shall reserve the right-of-way for the use of the pipeline by appropriate description.

Source: SL 1980, ch 321, § 11.

49-7-22. Telecommunications and electrical facilities across school and public lands.

Section 49-7-2 and §§ 49-7-11 to 49-7-21, inclusive, are applicable to corporations, partnerships, or individuals insofar as the provisions apply to a right-of-way on school and public lands for the construction, operation, or maintenance of telecommunications or electric transmission lines including such land as may be reasonably necessary for stations, substations, or buildings necessary for the transmission of telecommunications messages or electrical energy.

Source: SL 1980, ch 321, § 13; SL 1987, ch 345, § 1.