MICHIGAN ELECTRIC TRANSMISSION COMPANY EVALUATING NEW NELSON ROAD TO ONEIDA PROJECT IN GRATIOT, CLINTON, IONIA, AND EATON COUNTIES

METC filed an MPSC petition to initiate a Major Transmission Line Construction Plan in Calhoun and Branch Counties.

Michigan Electric Transmission Company or METC recently filed a petition with the Michigan Public Service Commission (MPSC). “METC is proposing to construct a new, approximately 40-mile, 345 kV transmission line.” A route through New Haven and North Shade in Gratiot County, Lebanon Township in Clinton County, North Plains Township in Ionia County, Dallas, Westphalia, and Eagle Townships in Clinton County, and Oneida Township in Eaton County has been identified. A 345 kV transmission line is substantial and will likely involve large towers. Based on the route map superimposed over aerial photographs, it appears that the route will primarily impact farmland. The route is offset from roads and cuts through fields.

I have recent experience in matters involving a transmission line imposed over farms in southern Michigan, where many of the farmers voluntarily conveyed property rights to ITC. Based upon the initial negotiations that ITC conducted, the farmers who voluntarily conveyed rights accepted more intrusive easements for less money. For example, the easements imposed upon those properties only allowed a single transmission line of a specified kV. Through my representation, I was able to cut down on the intrusions upon those farmers' property rights when the ITC initially sought easements that allowed multiple lines and unlimited kV. 

I cannot count the number of times that I have been approached by property owners ruing the decisions of their predecessors in title who granted unlimited easements of that nature. Without limiting easements, utility companies can add different types of facilities, more lines, or poles, all of which can impact how a property is used. It is best to limit the proposed easements to the specific use contemplated at that time. The concept of necessity exists to allow property owners to challenge utility takings that may be authorized for a particular purpose but involve attempts to grab extra property rights.

Utility lines impact farms. Issues that could be implicated include compaction of soils that reduce yields, disturbance of drain tiles or irrigation systems, reduction of the ability to install pivots, alteration of farming patterns caused by the need to avoid the facilities themselves, invasions by maintenance or construction teams that could impact organic certification, and access rights that allow the utility to cross fields. Further, while not every farm is a more intense development waiting to happen, some are and the impact on the property for a more intense highest and best use should be evaluated. This often requires assistance from a civil engineer.

It will likely be some time before ITC starts contacting property owners to obtain property rights. But when they do, it is best to retain experienced property owner eminent domain counsel with a history of helping farmers. I have helped farmers throughout the state and work on a contingency fee basis. While past results are not a promise of future performance, those attorney fees along with the expenses of hiring experts like appraisers or engineers are generally paid by the condemning agency. If you are approached by ITC or any other utility, please feel free to contact me.