Eminent domain redux

A group of frustrated property owners are pushing lawmakers to close what they say is a gaping loophole in state law restricting the use of eminent domain.

Three years ago, Minnesota enacted a law protecting property owners from having their land taken by local governments to make way for shopping malls, condominiums or other economic development projects. It left one big exception: utility companies. An electric utility company can, for example, still take private land it needs to construct new power lines.

Rep. David Bly (DFL-Northfield) sponsors HF1182 that would repeal the exemption for utilities and other public service corporations. The House Local Government Division approved the bill March 13 and sent it to the House State and Local Government Operations Reform, Technology and Elections Committee.

“This is a fundamental question that democracies must deal with, and that is: Can we protect the rights of individuals and also balance out the interests of others?” Bly said.

Rod Crass, a lawyer and landowner, said it doesn’t make sense that utilities don’t have to abide by the same rules as cities, counties and school districts in acquiring private property.

“I don’t understand … why your property rights ought to depend on who takes your property. Those rights ought to be the same for everybody,” Crass said.

Opponents like Rep. Morrie Lanning (R-Moorhead) argue the bill would have serious implications for utility companies and their customers, and also make it more difficult to achieve the state’s renewable energy goals.

“If we take away this exemption, there’s no doubt in my mind that we have the potential of making it more difficult to route needed transmission lines,” Lanning said. “That all is going to drive up cost to our customers.”

Sen. Kevin Dahle (DFL-Northfield) sponsors the companion, SF1112, which awaits action by the Senate Judiciary Committee.