Buy the Farm – NSP v. Aleckson, Pudas, Hanson, et al.

The Dissent was dead on, here’s a snippet:

And summing it up:

Here’s the District Court decision that the Appellate Court turned around:

Stearns County Order 73-CV-10-10828

Wright County Order – 86-CV-10-7551

Landowners are, of course, outraged that this compensation is even at issue, much less being denied by the Appellate Court, so it’s off to the Supreme Court.  Here are the Petitions to the Supreme Court, still pending:

Northern States Power v. Roger Aleckson, et al. – Hanson and Stich Petition

Northern States Power v. Aleckson, et al. – Enos and Pudas Petition

The District Courts are clearly more understanding to what it means for landowners to have the CapX 2020 transmission project across their land, and what it means to make the decision to pick up and leave.

Yes, folks, the rumors are true — from the files of the Scott County Courthouse, here’s a first of its kind decision from Scott County District Court.  The court ordered that regarding the property of a landowner electing “Buy the Farm” (Minn. Stat. 216E.12, Subd. 4) the utility deposit the entire (utility) appraisal amount as it takes title in a quick take, similar to the requirement that it deposit the entire utility appraisal amount for an easement (and then the details are argued and agreed, or if no agreement is reached, it goes to Commissioners to make a recommendation to the court).

Scott County Buy the Farm Order 70-CV-12-8999

Here’s that specific most interesting part:

So will someone please explain why parties electing Buy the Farm aren’t all demanding the utilities deposit the full “Buy the Farm” appraised value?

This is just one of many (thousands?) of eminent domain proceedings for CapX 2020 transmission.  In the early stages, No CapX 2020 requested that the cost of Buy the Farm elections be considered in the cost/benefit analysis of transmission in the Certificate of Need.  If a large percentage of landowners elected Buy the Farm, the cost of the project would be much much higher.  Seeing that, consideration of impact of landowner election of Buy the Farm is an “issue outside the scope of the EIS” in recent Scoping Decision (Hampton-La Crosse 09-1448):

Now where’s that rule… I know it’s here somewhere!