It’s time to repeal Minn. Stat. 117.189, and HF1182 is just the bill to do it.

“Land rights” is a fundamental constitutional issue. For a person’s land to be taken, there must be due process and just compensation. Minn. Stat. 117.189, passed in 2006 in anticipation of CapX 2020 transmission, exempts utilities from important landowner protective provisions:

117.189 PUBLIC
SERVICE CORPORATION EXCEPTIONS.

Sections
117.031;
117.036;
117.055,
subdivision 2, paragraph (b); 117.186;
117.187;
117.188;
and 117.52,
subdivisions 1a and 4, do not apply to public service corporations. For
purposes of an award of appraisal fees under section 117.085,
the fees awarded may not exceed $1,500 for all types of property except for a
public service corporation’s use of eminent domain for a high-voltage
transmission line, where the award may not exceed $3,000.

What’s the problem?

* Thousands of landowners across Minnesota are facing condemnation
in the coming years for CapX 2020 and other transmission projects

* Minn. Stat. 117.189 limits compensation to landowners for
appriasals, attorneys fees, payments for going concerns, things
that give utilities an unfair advantage.

* Repeal Minn. Stat. 117.189 to make utilitiy condemnation more fair (it’s
never really fair!)

What to do? REPEAL Minn. Stat. 117.189!

Contact the legislators on the House Energy and Civil Justice Committee, who will be hearing the bill, HF 1182 Wednesday morning.

House Energy Members

House Civil Justice Members

Come to the hearing November 4, where Rep. David Bly’s HF1182 will be discussed, and let them know you want landowner protections restored:

WEDNESDAY, November 4, 2009
10:00 AM
Joint Meeting of the Energy Finance & Policy Division and Civil
Justice Committee
Room: 5 State Office Building
Chairs: Rep. Bill Hilty, Rep. Joe Mullery
Agenda: Informational hearing on HF1182 (Bly) Public service
corporation exemptions repealed.

And while you’re at it,take a look at Minn. Stat. 216E.12, Subd. 4, and eliminate that 200kV threshold for the “Buy the Farm” provision so that it applies to ALL high voltage transmission lines, and require that utilities give notice that “Buy the Farm” is an option with each Certificate of Need and/or Site & Route permit notice and application.

Overland’s Comments – Nov 4 House Energy & Civil Justice