ITC’s Expanded Coldwater Project Implicates Special Just Compensation Issues for Farmers

ITC is adding a new phase to its Coldwater Capital Project, impacting area farmers.

This post describes ITC’s capital project. I have learned that ITC is seeking to expand the project and take easements from agricultural properties not shown in their earlier plans.

Takings for easements of this nature can have multiple impacts on agricultural properties. First, the highest and best use of the property should be evaluated. Does the potential for a more intense use exist and how would an easement impact that type of development? Second, if the highest and best use remains to farm, what impact will construction or future maintenance of the transmission facilities have on drain tiles? Third, will there be impacts to the ability to continue farming the property such as restrictions on irrigation or loss of efficiencies in servicing the property? Fourth, will the taking impact additional properties to the extent that farming patterns or tiling will be impacted?

All of these specific issues must be taken into account when dealing with agricultural properties.

This post provides a more general description of the issues that all property owners face when confronted by an ITC taking.

If you have been contacted by ITC about this or any other project, please do not hesitate to contact me. I have handled a diverse number of ITC takings throughout the state and involving very different types of property.