International Transmission Company ("ITC") overturned an Administrative Law Judge's advisory opinion, taking a step forward to allowing ITC to condemn necessary along a seven mile route in Oshtemo Township, Kalamazoo County.
While not governmental agencies, utility companies like ITC are able to exercise the power of eminent domain to condemn property. ITC has been battling with a group of property owners and Oshtemo Township before the Michigan Public Services Commission over the ability to obtain the right to construct seven miles of new transmission lines. ITC is seeking to condemn a 220 foot right-of-way. In doing so, ITC seeks to overturn the validity of an Oshtemo Township ordinance. Additionally, a number of property owners fought ITC in an attempt to avoid facing involuntary acquisition of their property by eminent domain.
Oshtemo Township and the property owners initially prevailed in a 67 page opinion issued by an administrative law judge. (To read that opinion, click this link. Last week, that opinion was overturned in a 30 page opinion. (To read that opinion, click this link. If the prospect of reading lengthy, technical opinions sounds either daunting or unpleasant, the MPSC issued a one page press release that can be read here: http://efile.mpsc.state.mi.us/efile/docs/17041/0143.pdf.
It is understandable why the property owners would seek to prevent a condemnation of their property by protesting before the Michigan Public Services Commission. A 220 foot, clear cut swath of property, with unsightly, loud transmission lines will certainly have a significant negative effect on the value of their entire properties.
This may not be the last step in the process as the Township or the property owners may undertake an appeal. Therefore, it is uncertain when ITC will actually start the condemnation acquisition process.
If you face the prospect of an involuntary eminent domain acquisition, it is important to communicate with a qualified condemnation attorney as soon as possible to guide you through the good faith offer and negotiation process. If you face a condemnation, feel free to contact me with any questions.