{"id":2795,"date":"2010-12-14T22:08:50","date_gmt":"2010-12-15T05:08:50","guid":{"rendered":"http:\/\/nocapx2020.info\/?p=2795"},"modified":"2010-12-14T22:08:50","modified_gmt":"2010-12-15T05:08:50","slug":"private-company-cant-condemn-for-transmission-line","status":"publish","type":"post","link":"https:\/\/nocapx2020.info\/?p=2795","title":{"rendered":"Private company can’t condemn for transmission line"},"content":{"rendered":"

\"transmission1sunset.jpg\"<\/a><\/p>\n

It’s about time… a judge in Montana has declared that a private entity that is building the MATL transmission line does NOT have the power of eminent domain!\u00c2\u00a0 Well DUH a lot of us will say, this is a PRIVATE company, they’re not a regulated utility, so of course they wouldn’t have power of eminent domain.<\/p>\n

\u00e2\u20ac\u0153No judicial decision that this court is aware of provides authority for MATL\u00e2\u20ac\u2122s position that a private merchant transmission line, without express or implied authority for condemnation, may pursue eminent domain proceedings,\u00e2\u20ac\u009d she wrote.<\/a><\/em><\/p><\/blockquote>\n

But wait… what about CapX 2020, and their transmission plans from hell across the Midwest.\u00c2\u00a0 Let’s be clear — there is NO entity organized under the laws of the state of Minnesota named “CapX 2020,” and they have NOT declared, and refuse to declare what entity will own it.\u00c2\u00a0 At the same time, the Minnesota PUC agenda lately has had Xcel transferring its transmission assets to ITC.\u00c2\u00a0 So, what do you think they’ll do with CapX 2020 transmission after it is built USING THE POWER OF EMINENT DOMAIN TO DO IT?\u00c2\u00a0 $50 says they’re transferring it to ITC, or TRANSLink or whatever transmission only company they can find.\u00c2\u00a0 It’s a shell game, we know what they’re doing, but try to get the PUC to care!<\/p>\n

\"shellgame\"<\/a><\/p>\n

\n

Judge denies MATL use of eminent domain<\/a><\/h2>\n


\nBy KARL PUCKETT \u00e2\u20ac\u00a2 Tribune Staff Writer\u00e2\u20ac\u00a2
\nDecember 14, 2010<\/a><\/p>\n

A district judge in Montana ruled Monday that a Canadian developer of a high-voltage power line has no authority to condemn private property for the project.<\/a><\/p>\n

The decision, filed Monday, is a victory for landowners trying to limit the impact of the Montana Alberta Tie Line. It also could carry ramifications for other developers proposing transmission projects to meet demand from wind developers asking for additional shipping capacity.<\/a><\/p>\n

\u00e2\u20ac\u0153Larry Salois only wanted to protect his mother\u00e2\u20ac\u2122s property from the transmission line going through historic Indian archaeological sites,\u00e2\u20ac\u009d said Salois\u00e2\u20ac\u2122 attorney, Hertha Lund. \u00e2\u20ac\u0153He never wanted a legal battle.\u00e2\u20ac\u009d<\/a><\/p>\n

Salois is the guardian of his mother, Shirley Salois, the property owner. They live east of Cut Bank.<\/a><\/p>\n

In July, a Montana subsidiary of Tonbridge Power Inc. of Toronto filed a complaint to condemn their land in Glacier County District Court after Salois argued the proposed route should be adjusted across his property farther from tepee rings and a wetland.<\/a><\/p>\n

Lund argued Tonbridge could not exercise the right of eminent domain because it is not an agent of the state that has been given express legislative authority to acquire private property.<\/a><\/p>\n

District Judge Laurie McKinnon agreed and granted Salois\u00e2\u20ac\u2122 motion to dismiss the company\u00e2\u20ac\u2122s condemnation complaint.<\/a><\/p>\n

\u00e2\u20ac\u0153No judicial decision that this court is aware of provides authority for MATL\u00e2\u20ac\u2122s position that a private merchant transmission line, without express or implied authority for condemnation, may pursue eminent domain proceedings,\u00e2\u20ac\u009d she wrote.<\/a><\/p>\n

The Legislature\u00e2\u20ac\u2122s grant of eminent domain power to governmental bodies must be strictly construed, the judge said.<\/a><\/p>\n

Private individuals and corporations, like state agencies, have no inherent power of eminent domain, McKinnon said, and their authority to use it must be derived specifically from the Legislature.<\/a><\/p>\n

Years ago, condemnation by a public utility for the purpose of constructing electrical power lines was authorized by legislation, the judge said. That authority allowed the former Montana Power Co. to acquire property by eminent domain.<\/a><\/p>\n

But that legislation has since been repealed \u00e2\u20ac\u0153and MATL can cite no legislative authority for its pursuit of land acquisitions by eminent domain, either expressly or by necessary implication,\u00e2\u20ac\u009d the judge said.<\/a><\/p>\n

Tonbridge had asserted that an electrical transmission line is a public use, giving the company the right of eminent domain. Three wind farm developers have purchased capacity on the line. Poles started going in the ground in August with the company working around the Salois property.<\/a><\/p>\n

Bob Williams of Tonbridge said the company was surprised and disappointed with the decision. Tonbridge is considering an appeal, he said.<\/a><\/p>\n

Voluntary deals with landowners remain the company\u00e2\u20ac\u2122s goal, he said. The Salois complaint was the company\u00e2\u20ac\u2122s first condemnation action in Montana.<\/a><\/p>\n

\u00e2\u20ac\u0153That said, projects such as this that are in the public interest have to be able to fall back on eminent domain as a last resort,\u00e2\u20ac\u009d Williams said.<\/a><\/p>\n

\u00e2\u20ac\u0153Even when we have exhausted all other options, it still means that landowners are compensated fairly.\u00e2\u20ac\u009d<\/a><\/p>\n

The MATL project was permitted under the Major Facilities Siting Act and the public need for it was determined during the review process, said Johan van\u00e2\u20ac\u2122t Hof, Tonbridge\u00e2\u20ac\u2122s CEO.<\/a><\/p>\n

He argued the judge\u00e2\u20ac\u2122s decision \u00e2\u20ac\u0153doesn\u00e2\u20ac\u2122t square with the reality\u00e2\u20ac\u009d of private companies building cable, telephone, transmission and pipelines.<\/a><\/p>\n

As a result of the decision, Lund, Salois\u00e2\u20ac\u2122 attorney, expects other businesses planning transmission lines to seek a \u00e2\u20ac\u0153legislative fix,\u00e2\u20ac\u009d giving companies the power to condemn land for transmission lines.<\/a><\/p>\n

NorthWestern Energy, the state\u00e2\u20ac\u2122s largest utility, is planning the $1 billion Mountain States Transmission Intertie, which also would ship wind power. Tonbridge and renewable energy developer Gaelectric are jointly planning the \u00e2\u20ac\u0153Green Line\u00e2\u20ac\u009d between Great Falls and Townsend.<\/a><\/p>\n

\u00e2\u20ac\u0153I hope the Legislature protects the interest of the landowner and the small guy in this process,\u00e2\u20ac\u009d Lund said.<\/a><\/p>\n

The 215-mile transmission line will connect the electricity grids in Montana and Alberta between Great Falls and Lethbridge, Alberta.<\/a><\/p>\n

Tonbridge still is negotiating easements with landowners along the southern half of the project from Cut Bank to Great Falls, where construction has yet to begin. Lund also represents 20 landowners along that stretch in easement negotiations. Those landowners have been pushing for tweaks in the line as well.<\/a><\/p>\n

\u00e2\u20ac\u0153This obviously puts them in the driver\u00e2\u20ac\u2122s seat,\u00e2\u20ac\u009d Lund said of the Salois decision.<\/a><\/p>\n

Salois pushed the company to alter the location of poles planned for his property, outside of the 500-foot approved corridor, because he said the line was planned too close to Blackfeet tepee rings and a wetland.<\/a><\/p>\n

In October, the Blackfeet Business Council agreed to write a letter in support of Salois\u00e2\u20ac\u2122 efforts. The council said the land involved was once Blackfeet land and told Salois that he had the support of the nine-member council \u00e2\u20ac\u0153in your efforts to fend off this incursion by a multinational company.\u00e2\u20ac\u009d<\/a><\/p>\n

\u00e2\u20ac\u0153For now, things are protected,\u00e2\u20ac\u009d Larry Salois said.<\/a><\/p>\n

Tonbridge initiated settlement discussions with Salois a few weeks ago and hopes to reach an agreement before Christmas, van\u00e2\u20ac\u2122t Hof said.<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

It’s about time… a judge in Montana has declared that a private entity that is building the MATL transmission line does NOT have the power of eminent domain!\u00c2\u00a0 Well DUH a lot of us will say, this is a PRIVATE …<\/span> Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,11],"tags":[520,38,522,521],"class_list":["post-2795","post","type-post","status-publish","format-standard","hentry","category-laws-rules","category-news-coverage","tag-condemnation","tag-eminent-domain","tag-power-of-eminent-domain","tag-private-v-public-interest"],"_links":{"self":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/2795","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2795"}],"version-history":[{"count":2,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/2795\/revisions"}],"predecessor-version":[{"id":2797,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=\/wp\/v2\/posts\/2795\/revisions\/2797"}],"wp:attachment":[{"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nocapx2020.info\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}