Real Estate & Property Law

Idaho Works on Power Line Bill

By Alan Ackerman

A law stating that there must be a 'material benefit' to the state is a good star in limiting eminent domain power. But courts or the legislature will have to create standards to define 'material benefit' to ensure property owners are protected.

Regardless, if an electrical transmission line passes through multiple states, however Idaho defines 'material benefit' will not matter because the Federal Energy Regulatory Commission, rather than a State agency, will handle the licensing, thereby negating the protections contemplated in this bill.

Idaho Reporter

On Monday, representatives approved a bill prohibiting cities or counties from using eminent domain to establish bike and walking paths. Tuesday's legislation, sponsored by Rep. Scott Bedke, R-Oakley, would limit taking private land for power lines.

Bedke's bill would require that anyone wanting to run a power transmission line through the state of Idaho be able to prove that the line would 'materially benefit' Gem State residents in some fashion.  That means developers would need to prove that projects would either directly or indirectly serve the interests of Idahoans.

Full post as published by National Eminent Domain Blog on March 28, 2011 (boomark / email).