Round one: Eminent domain concerns shake local farmers

Invenergy to hold two open house format talks Tuesday

By Alan Dale Managing editor
Posted 7/25/22

It is going to likely come down to how the message is delivered and will it still be worth listening to.

That is the dilemma right now with a number of Audrain County farmers as they await with …

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Round one: Eminent domain concerns shake local farmers

Invenergy to hold two open house format talks Tuesday

Posted

It is going to likely come down to how the message is delivered and will it still be worth listening to.

That is the dilemma right now with a number of Audrain County farmers as they await with unease as more information comes from Invenergy Transmission, the company developing the Grain Belt Express transmission line project.

Last week, the company announced a series of planned project enhancements in response to strong regional demand for access to affordable, reliable power and state officials’ calls for more power from the line to be delivered locally, according to a press release provided by Invenergy Transmission.

These announced changes include a 25 percent expansion of the total line capacity, from the original design of

4,000 megawatts increasing to 5,000 megawatts, as well as a five-fold increase in the line’s mid-point delivery capacity, enabling 50 percent of power to be delivered via the project’s Missouri converter station to be sized at 2,500 megawatts.

That’s all well and good, but a gathering of approximately 100 concerned persons at the Audrain County Courthouse Monday, brought out all kinds who showed their concerns and skepticism as conversations surely will move forward when Invenergy holds two open house format talks 12-2 p.m. and 5-7 p.m. Tuesday at the Knights of Columbus, State Highway 15.

The project expansion and additional local delivery will mean $7.5 billion of energy and capacity 

cost savings over 15 years for consumers in Missouri and Illinois — states that are part of regional 

grids directly served by the project the Invenergy release stated. Consumers in Kansas will see an additional $1 billion of savings due the interconnected nature of the transmission grid. Savings are according to an analysis by PA Consulting Group (“PA”), a leading global firm of energy and utility industry 

experts.

“As families and businesses face rising costs and power grid operators sound the alarm about regional reliability challenges, Invenergy Transmission is proud to be delivering solutions. By increasing total power delivery for the Grain Belt Express and ensuring an equal share is available locally, this state-of-the-art transmission infrastructure project will save families and businesses billions of dollars in electric costs each year, protect our communities by improving 

reliability, and power prosperity across the Midwest well into the future,” said Shashank Sane, executive vice president and head of transmission at Invenergy.

But the overwhelming mantra on the evening was a feeling of only knowing what they’ve been told and that amounts to very little to this point and the looming doom of imminent domain being used outside its intended purposes has become a focal point.

Brent Haden, a Columbia-based attorney who was raised in Mexico, helped lead proceedings to help give guidance to his hometown about what to expect and how to approach these next few months where so much could determine the futures of many.

Haden noted the major concerns for landowners along the new proposed grain belt include:

  • Irritation that a private, for-profit company like Invenergy has, thus far at least, promised to provide minimal power or benefits to Missourians, but still seeks to use the power of eminent domain granted by the state to take private property.
  • Whether Invenergy will pay just compensation for the land taken by for the line easement, and whether they will negotiate in good faith.
  • The company’s insistence thus far on installing aerial lines, and refusal to bury electrical lines at the landowners request, and the visual impact of the aerial lines on their property.
  • Short and long-term damage to their property caused by construction of the line on their property, including crop damage and ongoing soil compaction, which can lower crop yields long term.
  • The impacts of the physical locations of towers compromising agricultural operations and making them more difficult.

Haden has advised that local residents can advocate changes in state law through their elected state officials in the legislative and executive branch to change how, and by whom, the authority to take property by eminent domain is exercised.  

“Landowners dissatisfied with the (Invenergy) purchase offer have court proceedings available, including the right to a trial by jury to determine the value of their property if it is taken by eminent domain,” Haden said.

Haden noted that even though some talk about the project potentially not going through, Invenergy has shown a dedication to pushing the larger project through.

“I don’t know of any reason that will not be the case for the proposed new line,” he said.

Clarissa Cauthorn helped facilitate the meeting and said she did so because of concerns for her “neighbors, their futures, and their farms,” to do the best for the country and the kids who could one day take those properties over one day.

She said it was key for the people to stand up for themselves.

“I got word of it last Monday and started making phone calls and got the courthouse basement done and got a hold of Brent and Kent (Haden) and made sure we were in the right direction,” Cauthorn said. “We are going to have to make sure we work as an entire group to make sure that we are using our property rights as best we can and make sure they are being respected.

“I was surprised so many got together within six days than I thought they would be. It shows the passion that they have for their homes, neighbors and land.”

Some spoke up even if the project will not directly impact their own lands including Audrain County associate commissioner Leslie Meyer.

“Whenever condemnation or eminent domain come into play, landowners are generally on edge and rightfully so,” Meyer said after the meeting. “This gives a double whammy to farmers. Not only can it affect their residences, but it can also affect their ability to profit from the ground itself. Even placing a pole in the middle of a field can drastically affect a farmer’s ability to plant the ground to its full potential.  Try driving a 24-row planter around a pole and see how difficult it is and how much land you miss because you were avoiding running into it. 

“In a few cases, I spoke with farmers Monday night who invested money into pivots for irrigation systems only to find out last week that the planned routes were going right through the land they planned to irrigate. Not only are they out of the money for the pivots, but the additional yields from the irrigation systems might not be possible, as the route for the power lines will eliminate the ability to use that type of system.”



“No one knows the route Invenergy wants to take, other than a very general map that is not to scale,” Audrain County associate commissioner Tracy R. Graham told the Ledger later.

Many in attendance noted that it is pivotal to not jump the shark and overreact to anything being presented until all information is made available.

“First, we will find out what is actually being proposed by this company and what the concerns of the affected landowners are,” Audrain County Presiding Commissioner Alan Winders said. “Then we can determine what courses of action are available to us to protect the people and infrastructure in Audrain County.

“The company is holding two meetings next week.  I have the same information everyone else does, so I will be attending one of the sessions next week.  I would encourage anyone interested to do the same and make sure the company knows any concerns. When we know what is really being proposed, which will be disclosed in their PSC filing, then we will be able to respond.”


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