Bill would ensure level playing field for Branch County residents

State Rep. Jennifer Wortz last Thursday introduced a plan to guarantee property owners fair opportunities to challenge eminent domain for electric transmission lines.

Wortz, R-Quincy, proposed House Bill 4526 after hearing from Branch County residents about a pending ITC Holdings transmission line project. Many local property owners, especially farmers, have expressed concerns about the proposed line running through their land.

“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.

“If the Michigan Public Service Commission approves this project, residents deserve a day in court. I’m standing up for Branch County families. My new plan will level the playing field for property owners challenging a takeover of their land.”

ITC’s Helix-Hiple transmission line would run 55 miles from the Michigan-Indiana border in Gilead Township north through Branch County to the Helix Substation in Calhoun County. The company has proposed a preferred route and an alternate route to the Michigan Public Service Commission (MPSC), which is expected to make a decision by this summer. If the MPSC approves the project, the state’s eminent domain power would authorize property condemnation proceedings to acquire rights to use private land for the transmission line.

Under current law, property owners may challenge eminent domain in court, but an MPSC determination is binding on state courts when deciding whether a property acquisition for an electric transmission line is a public necessity. Wortz’s bill would eliminate this deference, instead requiring a transmission company to present clear and convincing evidence to the court that the proposed route of the transmission line is the most reasonable route. In order to limit interference with private property as much as possible, judges would need to prioritize routes within or adjacent to public land, routes within or adjacent to existing rights-of-way and easements, and routes adjacent to property boundaries. Transmission companies contend that their routes already do prioritize these factors, and the bill will codify the standards into law while giving property owners a fair chance to challenge proposed routes.

“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.”

HB 4526 was referred to the House Committee on Energy for consideration.