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State Representative David Bly
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-0171
For more information contact: Michael Howard 651-296-8873
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BLY AMENDMENT PROTECTS RIGHTS OF HOMEOWNERS FROM EMINENT DOMAIN
ST. PAUL - Rep. David Bly (DFL - Northfield) offered an amendment to the House energy policy bill, which passed on Thursday. The amendment increases fairness and balance for Minnesota homeowners whose land may be taken through the eminent domain process. Bly’s amendment, which passed with bipartisan support on a vote of 98 to 33, repeals the exemptions given to utility companies for the use of eminent domain for high voltage power lines. Bly said the provision will simply hold the utility companies to the same eminent domain rules that apply to state and local governments.
“This is an issue of equality for Minnesotans put in the unfair position of having a 170 foot electric tower put on their property whether they like it or not," said Bly. “This legislation won’t hold up the construction of the transmission line, but it will ensure affected Minnesotans have a fair process when negotiating with the power companies.”
Senator Kevin Dahle (DFL-Northfield), and Representative Bly both authored a bill, in the Senate and House, respectively, that would hold public service corporations to the same standards as the government when using the eminent domain process. Public service corporations were exempted from the stricter Minnesota laws in 2006.
“There is no reason these utility companies should be exempt from treating landowners fairly in the compensation process,” said Sen. Dahle. “They are taking land from homeowners who did not have a ‘for sale’ sign in the yard.”
After United States Supreme Court broadened the ability of government to use eminent domain in 2005, the Minnesota Legislature took action to limit the power of state government when using eminent domain in order to protect and increase fairness to property owners. However, as part of those changes, “public service corporations” (PSCs) were exempted from the new regulations and restrictions. Bly said this exemption has created a paradox in state law that is unfair to Minnesota property owners.
“If a non-profit entity like the state government wants to use your land for a public park, you have far more protections than if a for-profit utility company wants to run a high-voltage power line through your property,” said Bly. “In the interest of fairness to Minnesota’s property owners, we are simply holding these specific utility companies to the same standard we hold our own government.”
The amendment is drafted narrowly to exempt only utility companies pursuing high voltage power lines. That is because a major transmission power line is moving forward this year that will affect many regions of the state. The CapX 2020 line will go from Brookings to Hampton affecting Minnesotans in Lincoln County in the west through, Scott, Rice, Dakota and Goodhue counties.
“We should have a full discussion in the future about whether all public utility companies should be exempted from the eminent domain rules put in place for state government,” said Bly. “But the CapX 2020 project is moving forward right now and it’s critical we take action this year to ensure the rights of Minnesota property owners are protected.”
The House energy policy bill will now go to a conference committee to be reconciled with the Senate energy bill before returning to the House for a final vote.
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- House Passes Flood Relief for Southern Minnesota in Special Session - (Posted: 2010-10-18 00:00:00)
- Governor signs eminent domain law to protect landowners - (Posted: 2010-05-03 00:00:00)
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