| Eminent domain changes proposed |
By: Corey Butler Jr.
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Posted: Wednesday, March 3, 2010 1:18 am
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Mary Lazaretti is hopeful a proposed transmission power line doesn’t find its way to her property.
For now, it won’t. But if the preferred route along the Highway 52 corridor doesn’t happen, it could cut through the heart of Holden Township and Lazaretti’s land.
CapX2020, a group comprised of 11 utilities led by Xcel Energy, is proposing the construction of a 345-kilovolt electric transmission line and associated facilities to run between Hampton and Rochester. The proposal includes a 345 kV transmission line from a substation near Hampton to a proposed substation in north Rochester, then on to a new or existing substation near La Crosse, Wis.
The proposal includes four major utility lines throughout the state, worrying landowners who could fall in its routes of not receiving proper compensation.
The group says the new lines are necessary to maintain enough energy for the growth in the region.
State lawmakers are looking to revise a bill originally enacted in 2006 to help protect landowners.
Because CapX2020 offers a public service by way of energy, state law would allow it to use eminent domain and acquire property from landowners without necessarily giving them fair compensation. The law says government entities that use eminent domain to purchase private land must give fair compensation. Eminent domain is allowed if the land’s potential use is meant to spark economic development. Public service corporations are exempt from the current law.
Though he supports the proposed energy project from CapX2020, state Rep. Steve Drazkowski (R-Wabasha) wants any deal between the group and property owners to be fair.
Last month, Drazkowski, the lead Republican in the House Civil Justice Committee, became an author of a bill that would remove the exemption for public service corporations when it comes to eminent domain.
Drazkowski wants the routes to stick to public land as much as is it can. if the Highway 52 route is turned down by the state, the secondary route would cut through farmland throughout western Goodhue County. If that’s the case, Drazkowski wants to ensure those landowners are fairly compensated.
He said landowners could be put into the position where if they are offered a low dollar amount, they could spend more fighting the offer in court than what the original offer was worth.
Lazaretti has been contacting lawmakers, including Drazkowski, to push for the bill to pass.
In January, the CapX2020 utilities submitted a route permit application to the state’s Public Utilities Commission. A decision on the route is expected this month.
The transmission line poles, which will be placed anywhere from 800 to 1,000 feet apart, will be 8 to 10 feet in diameter. The $2 billion project must obtain approval from state and federal agencies before it can be built.
Tim Carlsgaard from CapX2020 told the Leader last year that in addition to a one-time payment for the land use, other compensation could include crop-damage or compaction. The amount paid would depend on the property, saying compensation would have to be fair.
As a businesswoman, Lazaretti said she would never sign a lease for a one-time flat fee for an indefinite contract.
During a time when property values are low, and utility companies can offer a percentage of the value of the land as its deemed a public service, Lazarettie said that’s why she’s advocating for an amendment to the state law.
“I have no right to complain about any of it unless I get involved,” she said. “That’s what I’m doing.”
— Reporter Corey Butler Jr. may be reached at 507-789-6161 or 507-333-3148.
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