460.571 Limited license.
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460.571 Limited license.
Sec. 11.
In a civil action in the circuit court under section 4 of the uniform condemnation procedures act, 1980 PA 87, MCL 213.54, the court may grant a limited license to an electric utility, affiliated transmission company, or independent transmission company for entry on land to conduct preconstruction activity related to a proposed major transmission line or a transmission line if the electric utility, affiliated transmission company, or independent transmission company has scheduled or held a public meeting in connection with a certificate sought under section 7 or 9 and if written notice of the intent to enter the land has been given to each affected landowner on whose property the electric utility, affiliated transmission company, or independent transmission company wishes to enter.
The limited license may be granted upon such terms as justice and equity require. An electric utility, affiliated transmission company, or independent transmission company that obtains a limited license shall provide each affected land owner with a copy of the limited license. A limited license shall include a description of the purpose of entry, the scope of activities permitted, and the terms and conditions of entry with respect to the time, place, and manner of entry. The court shall not deny a limited license for entry to conduct preconstruction activity for any of the following reasons:
(a)A disagreement exists over the proposed route.
(b)The electric utility, affiliated transmission company, or independent transmission company has not yet applied for a certificate.
(c)The commission has not yet granted or denied the application.
(d)An alleged lack of public convenience or necessity.
History: 1995, Act 30, Imd. Eff. May 17, 1995 ;-- Am. 2004, Act 198 , Imd. Eff. July 12, 2004