IT PASSED IN THE HOUSE — THE FULL HOUSE!  Now on to finish up in the Senate.

Thanks to Rep.  David Bly for authoring HF 1182, to remove the eminent domain law exemptions for public service corporations — our “good neighbor” utilities who thought they were special.  Thanks also to the other co-authors  Falk ; Paymar ; Buesgens ; Brod ; Morrow ; Drazkowski ; Haws

Here’s Bly’s press release — and kudos to Russ Martin, United Citizens Action Network, for all his work, all Judy’s work… and then there’s Joyce Osborn too!  Anyway, the press release:

NEWS RELEASE
BLY PROTECT RIGHTS OF HOMEOWNERS FROM EMINENT DOMAIN

Bipartisan legislative victory passes 123 to 5

ST. PAUL – Legislation authored by Rep. David Bly (DFL – Northfield) passed the House today that would increase fairness and balance for Minnesota homeowners whose land may be taken through eminent domain process. Passed on a wide bipartisan vote of 123 to 5, Bly’s bill repeals the special exemptions for eminent domain given to utility companies involving high-voltage transmission lines and natural gas and petroleum pipelines. Bly called the bill a victory for private property rights for all Minnesotans.

“A constituent of mine named Russell Martin came to me in 2008 when he found out an oil pipeline was going to be built across his land. A year later he found out the CAPX 2020 powerline was sited to cross his property. I began hearing from other property owners across the state on this issue and drafted the current bill,” said Bly. “This bill will protect homeowners like Russell who deserve to have a fair process when they are put in this unfair position.”

After United States Supreme Court broadened the ability of government to use eminent domain in 2005, the Minnesota Legislature took action to limit the power of state government to use eminent domain in order to protect and increase fairness to property owners. However, as part of those changes, “public service corporations” (PSC) were exempted from the new regulations and restrictions. Bly said this exemption has created a paradox in state law that is unfair to Minnesota property owners.

“If a non-profit entity like the state government wants to use your land for a public park, you have far more protections than if a for-profit utility company wants to run a high-voltage power line through your property,” said Bly. “In the interest of fairness to Minnesota’s property owners, we are simply holding these specific utility companies to the same standard we hold our own government.”

This legislation is a direct response to the proposed CapX 2020 line that is moving forward that will affect many regions of the state. The CapX 2020 line will go from Brookings to Hampton affecting Minnesotans in Lincoln County in the west through, Scott, Rice, Dakota and Goodhue counties and points south toward the Wisconsin border.

“The CapX 2020 power lines are moving forward as we speak and it’s critical we ensure that the rights of Minnesota property owners are protected,” said Bly.

The Minnesota Senate is expected to act on a similar bill soon at which point it will be sent to the Governor for his signature.

Here’s what Rep. Steve Drazkowski has to say about it — he wouldn’t co-author last year, but this year, with all the constituents calling, his name is on it — this is from his email blurb (I omitted the part about the federal health care bill, sorry, but my stomach just cannot abide by his rant):

Over the past year in southeastern Minnesota, property owners have been dealing with the uncertainties brought forward by the development of the CapX2020 project and the plans for the development of a 345 Mhz high powered transmission line.  The proposed route runs right through house district 28B.  From the outset, there were two items that I have communicated my commitment to doing to help limit the impact that this line would have on private property rights in our district.

The first was to work with government agencies, the CapX consortium, and other legislators to encourage the selection of a route that maximized the use of existing corridors and minimized the impact on private property.  At this point, it appears that our work has paid off, as the proposed route uses existing corridors to a high degree, and the impact on private property should be minimized.

The second goal was to have eminent domain reform passed into law - so that the very same eminent domain restrictions applied to utilities as it does to local units of government.  This will ensure that when property is taken for utility projects like CapX, that property owners are placed in the very best position to ensure fair and honest compensation from the utility company.  I am happy to report that this afternoon, HF1182, a bill that I co-sponsored - and a bill that accomplishes the eminent domain reforms that our state lacks, passed the House Floor a vote of 123-5!  I am confident that the senate companion will also pass, that we will get a favorable conference committee report, and that the bill will be signed into law very soon.

Now, everyone call the Governor and let him know that we expect him to sign that bill when it lands on his desk.  Oh, but wait, he’s not there… where is he campaigning these days…