New Mexico Governor Susanna Martinez (R) says eminent domain authority is only for elected officials, not appointees (and no private entities).
Roswell Daily Record | Gov. Martinez defends air authority veto
Category Archives: transmission lines
Eminent Domain + Duty to Maintain Transmission Lines + Wildfires = Rate Increase?
The California Public Utility Commission denied a rate increase for San Diego Gas & Electric Co.’s request to bill ratepayers for a 2007 fire.
How much did San Diego want to pass on to customers? $379 million in costs
Why was the rate increase denied? A court found SDG&E didn’t properly trim trees near transmission lines
What’s the bargain in California when eminent domain is granted? In exchange for the power of eminnt domain, CA utilities are responsible for paying damages if their…
Lege TREND. How an eminent domain prohibition bill carved out utilities.
What use of eminent domain caused the legislation: A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land
What was the legislative response? Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018)
What does HB 2468 (PA | 2018) prohibits eminent domain for open space unless:
- a court grants permission because there is no other reasonable and prudent alternative
- its a utility exercizing…
Local TREND. Property Rights. Noise and Light Ordinances. Wind Turbines. 6 Requirements.
An editorial in DeKalb County Illinois is calling for local restrictions on a new wind farm that would address:
- light pollution
- minimize the disruption of blinking red lights
- minimal or eliminated shadow flicker from the blades blocking sunlight
- consistent setback requirements
What should be required of the wind energy companies:
- pay the cost to improve roads
- guarantee property values
Who should be protected by the ordinance(s) according to the DeKalb editorial:
- land owners
- rural…
Campaign TREND. Privatizing Land That Had Been Taken by Eminent Domain for Public Utilities.
The Campaign: Congressional Candidates for 2nd Congressional District in Tennessee
The Eminent Domain Issue: When the Tennessee Valley Authority was created, land was taken by eminent domain. Legislative proposals seek to privatize the Tennessee Valley Authority.
The Candidate Responses to Privatization and Eminent Domain
- 4 candidates of both parties oppose privatization
- 1 Republican candidate specifically noted the use of eminent domain as a reason to oppose privatization
Lege TREND. No Eminent Domain for Out of State Private Utilities. Read the Bill.
Missouri’s House Bill 2401 (2018) limits the use of eminent domain by preventing eminent domain by :
- out of state entity
- for utility transmission lines that do not provide service to Missourians
Kirksville Daily Express | Missouri House committee seeks full K-12 funding
Activist TREND begets Lege Trend. Power Lines and Eminent Domain.
In 2017, Maryland enacted new eminent domain authority for the building of power lines.
Recent opposition to a high voltage power line has legislators looking to reign in eminent domain authority for high voltage power lines when porjects are sanctioned by the Maryland Public Service Commission.
The Baltimore Sun | Harford legislators get down to business as 2018 General Assembly session begins
Legal Trend. Can a Transmission Line Condemn Tribal Land?
The 10th Circuit said NO, a utility cannot condemn tribal lands.
The utilities say- the 10th Circuit ruling “threatens the national power grid by effectively blocking Congress’ authorization of condemnation of allotted tribal lands”
This State's Counties Supporting No Eminent for Private Gain Legislation
Wisconsin Counties are passing resolutions to support legislation that would prohibit eminent domain for private gain.
Daily Jefferson County Union | Eminent domain reform reviewed
Transmission Company Denied Eminent Domain. How did it build its lines?
Background: In New Hampshire the Legislature specifically denied eminent domain authority to the Northern Pass transmission line.
The Northern Pass Line was built by: obtaining lease with a sister company operating an existing transmission corridor that slices north-to-south throughNew Hampshire