Real Estate & Property Law

ITC Thumb Loop

By Alan Ackerman

ITC is moving forward on its proposed Thumb Loop electric transmission line. However, the company now faces the challenge of whether the statutory framework in Michigan will in fact give ITC the authority to condemn land for a right-of-way. ITC does not yet have the authority to acquire land by eminent domain at this time, despite approval of the project by the Michigan Public Service Commission.

Regardless, ITC appears to be trying to minimize the pain this project will cause property owners, who await a prospective condemnation two or three years down the road. A letter from ITC (linked below) asked landowners permission to enter properties to survey and ascertain the route with greater specificity and value land for takings.

However, this letter is stunning in that it states that ITC is conducting surveys for a 345 kilovolt (kv) line, while it in fact obtained approval for a double 345 kv line. This risks misleading landowners about the scope of ITC's future easements on their properties.

A disclaimer: this office represents property owners in the ITC Thumb Loop project.

ITC Letter to Property Owners

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