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MISSOURI STATUTES AND CODES
266.353. Liquid fertilizer solution pipeline companies to be public utilities--right to exercise eminent domain, approval procedure--limitations.
266.353. 1. Liquid fertilizer solution pipeline companiesreferred to in section 523.010, RSMo, shall be public utilitiesas defined under section 386.020, RSMo.
2. The right to exercise the power of eminent domaingranted, in accordance with section 523.010, RSMo, to any person,corporation, or association for the construction of a pipelinefor transporting or carrying liquid fertilizer solutions, shallnot be exercised by such person, corporation, or associationuntil the plans of the project, for which the exercise of thepower of eminent domain is proposed, shall first have beensubmitted to and approved by the director of the department ofnatural resources. The director shall review such plans anddetermine the effect such project, if pursued, would have on theenvironment, including recommendations for changes oralterations, if any, that would be required before such projectwould be approved. Failure of the director to approve ordisapprove the plans so submitted within sixty days aftersubmission shall be deemed approval and the power of eminentdomain may thereupon be exercised for such project. In the eventthe director fails to approve the plans, the person, corporation,or association submitting the plans shall have the right toappeal such decision to the circuit court of Cole County or thecircuit court of any county through which the pipeline is to beconstructed. In the event the director approves the plans, anylandowner of property over which the pipeline is to be laid shallhave the right to appeal such decision to the circuit court ofCole County or the circuit court in any county through* which thepipeline is to be constructed.
3. This act shall apply only to carriers providingfertilizers to Missouri consumers from points located inMissouri.
(L. 1983 S.B. 144 ยง 2, subsecs. 1, 2, 3)*Word "through" does not appear in original rolls.