Missouri Laws 266.353 – Liquid fertilizer solution pipeline companies to be public utilities — ..
1. Liquid fertilizer solution pipeline companies referred to in section 523.010 shall be public utilities as defined under section 386.020.
2. The right to exercise the power of eminent domain granted, in accordance with section 523.010, to any person, corporation, or association for the construction of a pipeline for transporting or carrying liquid fertilizer solutions, shall not be exercised by such person, corporation, or association until the plans of the project, for which the exercise of the power of eminent domain is proposed, shall first have been submitted to and approved by the director of the department of natural resources. The director shall review such plans and determine the effect such project, if pursued, would have on the environment, including recommendations for changes or alterations, if any, that would be required before such project would be approved. Failure of the director to approve or disapprove the plans so submitted within sixty days after submission shall be deemed approval and the power of eminent domain may thereupon be exercised for such project. In the event the director fails to approve the plans, the person, corporation, or association submitting the plans shall have the right to appeal such decision to the circuit court of Cole County or the circuit court of any county through which the pipeline is to be constructed. In the event the director approves the plans, any landowner of property over which the pipeline is to be laid shall have the right to appeal such decision to the circuit court of Cole County or the circuit court in any county through* which the pipeline is to be constructed.
Terms Used In Missouri Laws 266.353
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- Property: includes real and personal property. See Missouri Laws 1.020
3. This act shall apply only to carriers providing fertilizers to Missouri consumers from points located in Missouri.