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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
Press/News Releases
BLY PROTECT RIGHTS OF HOMEOWNERS FROM EMINENT DOMAIN
Bipartisan legislative victory passes 123 to 5
ST. PAUL – Legislation authored by Rep. David Bly (DFL - Northfield) passed the House today that would increase fairness and balance for Minnesota homeowners whose land may be taken through eminent domain process. Passed on a wide bipartisan vote of 123 to 5, Bly’s bill repeals the special exemptions for eminent domain given to utility companies involving high-voltage transmission lines and natural gas and petroleum pipelines. Bly called the bill a victory for private property rights for all Minnesotans.
"A constituent of mine named Russell Martin came to me in 2008 when he found out an oil pipeline was going to be built across his land. A year later he found out the CAPX 2020 powerline was sited to cross his property. I began hearing from other property owners across the state on this issue and drafted the current bill," said Bly. “This bill will protect homeowners like Russell who deserve to have a fair process when they are put in this unfair position.”
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 to use eminent domain in order to protect and increase fairness to property owners. However, as part of those changes, “public service corporations” (PSC) 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.”
This legislation is a direct response to the proposed CapX 2020 line that is moving forward 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 and points south toward the Wisconsin border.
“The CapX 2020 power lines are moving forward as we speak and it’s critical we ensure that the rights of Minnesota property owners are protected,” said Bly.
The Minnesota Senate is expected to act on a similar bill soon at which point it will be sent to the Governor for his signature.
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News Items
- Rep.-elect Bly Selected as Vice Chair of Housing Finance and Policy Committee - (Posted: Dec 21 2012 12:06PM)
- 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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