Real Estate & Property Law

Smartly, safely and fairly

By Alan Ackerman

    The Emporia Kansas Gazette article, written by John Schlageck, is worthwhile reading.
    This article discusses the dangers involved in the acquisition process.  
    The conclusion that the payment by ITC is a one-time payment is key.  If owners settle, there is a good chance they may be yet treated fairly by ITC.  On the other hand, once settled, the owners must realize that a future claim is unlikely.  This office has dealt with ITC in about 20 eminent domain proceedings, and as time went on, noted how ITC had 'mellowed' and the recognition that people could not be bowled over, yet there was an expectation that ITC would treat the individual owners fairly.  The outstanding eminent domain lawyer of Kansas, John Hamilton, will likely be called upon to protect the owners.
 

Emporia Gazette

Few will argue electric transmission lines are a necessary part of our everyday lives. They've helped us see in the dark, powered our appliances and made life easier.

But as with many things, there comes a point when upgrades or additional lines and infrastructure are necessary.

Last year the Kansas Corporation Commission (KCC) decided to invest in the future of our state's transmission lines. When completed it will provide energy from Spearville to Knoll (a couple miles northwest of Hays) and from Knoll to Axtell, Neb.

This project will be the largest electrical infrastructure investment in Kansas for nearly 25 years. Construction is slated to begin next spring. The line will be energized in June 2012.

ITC Great Plains (electric transmission company and subsidiary of ITC Holdings Corp. from Michigan) will see to it the new transmission lines are built that are designed to help further expand wind energy in the region.

While most people understand the need for additional power and upgrades in the older power grid, they have concerns about the construction of the 345,000-volt power line.

Rooks County farmer/stockman Jerry McReynolds wants to ensure that this transmission project is done smartly, safely and fairly.

Landowners worry they will not be offered fair compensation for the use of their property. Some are already being paid $4,000 to $15,000 annually for wind development and anywhere from $5,000 to $6,000 per year for cell phone towers.

'ITC Great Plains is offering a one-time payment that pales in comparison to these other markets,' McReynolds says.

The burden and responsibility rests on ITC Great Plains to do the right thing and provide comparably fair compensation for the right to build electric transmission lines on Kansas land. And when ITC Great Plains moves into our Kansas communities, state regulators must ensure intrusive land use, safety, legal liability and fair compensation are addressed.

Full post as published by National Eminent Domain Blog on June 17, 2010 (boomark / email).