(The Center Square) – Southern Michigan property owners concerned about their land as a proposed new power line moves forward could get help from state lawmakers.
State Rep. Jennifer Wortz, R-Quincy, says people in Branch County, especially farmers, are worried about a proposed ITC Holdings transmission line running through the area.
In response, she’s filed legislation that would give property owners what she called fair opportunities to challenge eminent domain for electric lines.
“State government must always protect the people’s fundamental rights – including property rights,” Wortz said. “Many people in our community are speaking out about the proposed power line through Branch County. Farmers don’t want the line to interfere with their irrigation systems. Homeowners don’t want the line too close to their houses or ponds, and they don’t want to see their trees chopped down to make way for the line.”
ITC plans a 55-mile line from the Michigan-Indiana border through Branch County to a substation in Calhoun County. Both a preferred and alternative route sit before the Michigan Public Service Commission.
If the commission approves, Michigan will begin eminent domain and condemn property for the line.
Citizens can challenge eminent domain in court, but commission determinations are binding in state court when a transmission line is necessary for the public.
The new bill would require a utility company to present “clear and convincing evidence” in court that the route is the most reasonable.
“When a company seeks to use government authority to lay a power line through private property, the eminent domain request shouldn’t just get rubberstamped,” Wortz said. “My plan will provide property owners clear standards and a fair process to uphold their rights.”
The bill is in the House Committee on Energy.
