Tuesday, October 25, 2011

Power Line Eminent Domain

A private energy company wants to build a power line across private property in Oshtemo.

Residents dig in against power-line plan: Oshtemo Township group mobilizes, but face uphill battle

The township attorney says
Oshtemo Township Attorney James Porter said the 138,000-volt lines fall below the threshold where the company would be under the jurisdiction of state law.

"The law is weighed heavily in favor of ITC," Porter said. "I just don't see a legal basis for the township to effectuate a change."
Here is what the Michigan Constitution has to say.

Private property shall not be taken for public use without just compensation therefore being first made or secured in a manner prescribed by law. If private property consisting of an individual’s principal residence is taken for public use, the amount of compensation made and determined for that taking shall be not less than 125% of that property’s fair market value, in addition to any other reimbursement allowed by law. Compensation shall be determined in proceedings in a court of record.

“Public use” does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues. Private property otherwise may be taken for reasons of public use as that term is understood on the effective date of the amendment to this constitution that added this paragraph.

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