Real Estate & Property Law

Batavia Simpson Line

By Alan Ackerman

Battle Creek Enquirer

LEONIDAS TOWNSHIP — Progress must march on, but few want it to march through their backyard.

That's the sentiment of residents living in the path of a planned 25- to 30-mile electric power transmission line.

The line, to be built by the Novi-based ITC Holding Co., would cross through Mendon and Leonidas townships in St. Joseph County and Matteson and Batavia townships in Branch County. The $13 million to $15 million project would connect the Consumers Energy-owned Simpson Substation in Mendon Township to the Batavia Substation, which is owned jointly by ITC and Consumers, in Batavia Township.

ITC will install several galvanized steel poles, each 84 feet tall, along the route. The exact path has yet to be determined and will depend on the results of easement negotiations with landowners, said Roger Morgenstern, ITC community affairs area manager. The final path will determine how many poles are needed, Morgenstern said. He said poles typically are 500 feet apart.

The Battle Creek Enquirer article raises a number of very serious issues, not only for the citizens along the proposed ITC line between Batavia and Simpson, but also for all the citizens of Michigan. 

The comment that ITC has received federal regulatory approval comes as a complete surprise. There has been no filing of an environmental impact statement so far as the public knows, nor has there been a federal energy regulatory commission process fulfilled. 

Mr. Morgenstern and the ITC-appointed Citizens Advisory Citizens Council properly moved the lines out of Colon so that a community would not be totally destroyed. This does not signify Aflexibility,@ but rather prudence. 

A recent attorney general opinion (not binding law) that MPSC approval is not required may place ITC in a situation opening itself to necessity challenge. Wayne County v Hathcock contemplated regulatory commission review of takings, especially when there is a profit motive in the taking.   

The issues of the ITC extension from Batavia to Simpson will take months, if not years, to work out. ITC would have been better off obtaining MPSC approval.        

The final comment relates to the notion that the acquisition of these properties will be through a process in which ITC will Anegotiate.@ MCL 213.55 is clear in its intent in language. Prior to making a good faith written offer, ITC must obtain a statement of value or appraisal. It is unlikely that either has been done. 

Full post as published by National Eminent Domain Blog on January 27, 2009 (boomark / email).