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Couple warn of eminent domain
proceedings
Reinhardts say landowners must examine Xcel application
By Juan Montoya
Worthington Daily Globe
Text
version of this story
WORTHINGTON - Five years ago, Xcel Energy was
trying to build a transmission line in Polk County, Wis., through
the pristine St. Croix Valley.
John Reinhardt said company officials came to
his home and told him they would build the Chisago transmission
line through his land, cut standing timber and stack up the
trees like cordwood.
What's more, they told him there was little he
could do about it, he claimed.
"They said they were going to take five acres
of our land and clear cut it," Reinhardt said. "They said they
were going to take the logs and stack them and we couldn't have
any of them."
Since then, Reinhardt and his wife, Laura, have
been a thorn in the side of the energy giant, championing the
rights of landowners to defend themselves against the taking
of their property through eminent domain proceedings.
Their five acres, across the Minnesota border
in Wisconsin, are still wooded.
"That case (Chisago) is still in court," said
John. "They haven't built it yet."
Now, as the Minnesota Public Utility Commission
gets ready to consider Xcel's application to build four transmission
lines across southwest Minnesota, the Reinhardts' voices have
been added to the chorus for and against the proposal.
David Benson, Nobles County Commissioner and
chairman of the Rural Minnesota Energy Task Force, said he agreed
with Reinhardt that people needed to be compensated for any
right-of-way taken through eminent domain proceedings.
"If you're going to be living with that tower
for the rest of your life, you should be compensated for having
it on your land," Benson said.
Reinhardt said that in the rush to give Xcel
the lines it says it needs, wind-power proponents have run roughshod
over the rights of landowners who will eventually have to allow
the utility to construct power lines on their property.
He claims in his exception to the findings by
Administrative Judge Beverly Jones Heydinger that those who
would be most affected by the proceedings were not properly
notified.
"Neither applicant's (Xcel) summary of filing,
its published notices, nor the brochure mailed to citizens in
the project area contain any information that would apprise
'potentially interested parties' that their private interests
may be affected by the outcome of this proceeding," he said.
Jim Alders, Xcel's manager of regulatory projects,
disputed Reinhardt's characterization of the company's efforts
to inform the public.
"We're very confident that people generally interested
in the issue were informed of the proceedings," he said. "The
public hearings held throughout the summer were designed specifically
to inform the public."
In particular, Alders said the company had visited
the areas that would be affected by the proposed lines, issued
press releases and bought paid advertising in local newspapers
to inform the public about their applications.
"We sent more than 14,000 notices to individuals
all over southwest Minnesota," Alders said.
Xcel has applied for certificates of need for
its proposal to build a new 345-kilovolt (kV) line connecting
a substation near Lakefield to one near Sioux Falls, S.D.
The plan also calls for construction in Nobles
and Murray counties of a new substation and two 115-kV lines
and a new 161-kV line connecting a substation near Lakefield
with one near Sherburn.
The lines will sometimes cross through private
property, a fact that Reinhardt says has been glossed over by
the company and by wind-energy advocates in their haste to push
for renewable energy.
"You have to tell the people that you want to
take their land," he said. "Once the state can show there's
a need to build those lines, there's nothing you can do. You'll
not only be fighting Xcel, you'll be fighting the state of Minnesota."
The Reinhardts' exception to the findings by
the judge will be considered by the PUC, something that gives
John little hope.
"People are pretending that it's not happening,"
he said. "Landowners will find out when the sheriff appears
at their door, but it'll be too late."
Meanwhile, Alders said the couple has been active
in promoting public interest in the transmission issue.
"The Reinhardts' main service seems to be to
involve the public and in making sure that those potentially
affected by the transmission lines get an opportunity to be
involved in the process," Alders said.
Meanwhile, John Reinhardt can count on one small
victory in his personal fight against Xcel.
"Instead of going through our farm, they moved
the line along a state road," he said. "But they could change
that at any time."
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