Sec. 5. Requirements for exercise of eminent domain
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/bill/116/s/4673/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) is amended— in the second sentence— by striking where the property is situated: and inserting Provided, That the in which the property is situated, subject to the condition that the ; and by striking The practice and inserting the following: The practice ; by striking
(h)When any holder and inserting the following: Except as provided in paragraph (4), in any case in which a holder ; and by adding at the end the following: Subject to subparagraph (B), a holder of a certificate of public convenience and necessity may not exercise the right of eminent domain for a project under this subsection until the latest of, as applicable— the date on which the holder has received all required certifications and authorizations for the project from any Federal agencies (other than the Commission) or State administrative agencies acting pursuant to Federal law; the date on which the applicant serves each notice in accordance with subsection (e)(4); and the date on which each timely motion to intervene relating to the certificate under subsection (d)(2)(C) has been acted on by the Commission. If a certification or authorization for a project from any Federal agency (other than the Commission) or State administrative agency acting pursuant to Federal law is rescinded or vacated— the holder of a certificate of public convenience and necessity for the project may not exercise the right of eminent domain for the project under this subsection; and if land has already been acquired by the exercise of the right of eminent domain under this subsection, construction of the project on that land shall be prohibited. . Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) (as amended by subsection (a)) is amended by adding at the end the following: A holder of a certificate of public convenience and necessity may not exercise the right of eminent domain under this subsection if the project covered by the certificate is a project to be constructed substantially for the purpose of transporting natural gas to an LNG terminal for export from the United States to a foreign country. .
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Sec. 5
Requirements for exercise of eminent domain
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