Landowners: eminent domain laws no longer reflect wind economy
“The eminent domain laws that will be cited as Mid-Kansas Electric Company takes 28 holdouts to court later this month no longer reflect the reality of the wind energy generation economy, a group of the landowners said at a gathering, Thursday.
Times change, said Lyle VanNahman, who is helping his mother navigate the complicated proceedings. Eminent domain should be used for the public good, but wind energy produced in Ford County is a product reaping profits for private investors for shipping to larger markets.
“This is a new, uncharted use of eminent domain,” VanNahman said.
Mid-Kansas is being required to build a new 115 kilovolt transmission line from Spearville to North Fort Dodge by the Southwest Power Pool, a company that oversees interconnection between the many electricity generation and transmission companies that make up a portion of the power grid.
Representatives from Mid-Kansas said the line is part of a requirement by Southwest Power Pool to maintain interconnection to the rest of the grid.
The landowners see it as a way for private investors to make profits while using the powers of eminent domain, the government’s right to force sale for the public good, to cut landowners out of wind energy boom.
Mid-Kansas will be paying for 20 percent of the cost of the line. The other 80 percent will be paid by other outside entities. The shared costs from Southwest Power Pool upgrade requirements typically represent the local benefit compared to the benefit to the entire grid.
“They’re shipping a commodity,” landowner and named defendant Gerard Lix said.
“More wind farms coming into area will have to get power somewhere. All the wind farms are owned by (outside investors) and they have to get that power to a substation or some place so they can get it online. I think there needs to be something paid for the line for the landowners,” Maurice Bleumer said.”
Guinn, Christopher. Wind Action 5 September 2014.