This new law is a victory for individual property rights and for all Minnesotans. Fairness and respect for property owners put in extremely difficult situations has prevailed.

Previously, “public service corporations” (PSC) were exempted from Minnesota regulations and restrictions designed to protect landowners in eminent domain disputes.  This exemption has created a paradox in state law that is unfair to Minnesota property owners.

If a non-profit entity like the state government wants to use your land for a public park, you have far more protections than if a for-profit utility company wants to run a high-voltage power line through your property. In the interest of fairness to Minnesota’s property owners, we are simply holding these specific utility companies to the same standard we hold our own government.

The new law ensures that utility companies involving high-voltage transmission lines and natural gas and petroleum pipelines must pay for the attorney fees of prevailing landowners if the final award for damages in an eminent domain proceeding exceeds the last offer made by the acquiring authority by 40 percent or more.

Several other new protections include:

• Appraisal and negotiation requirements: Acquiring authority must obtain one or more appraisals before commencing an eminent domain proceeding and furnish copies to the property owner when an offer is made. Inform the property owner of the property owner’s right to obtain an appraisal, paid for by the acquiring authority, up to a maximum amount. Make a good faith attempt to negotiate personally with the property owner to acquire the property through direct purchase. Give advance notice to the property owner of its intent to use an appraisal or documentation related to loss of going concern at a condemnation commissioners’ hearing.
• Contents of notice of petition for taking: Specifies that an eminent domain notice given by an acquiring authority to a property owner must state that the taking may be challenged in person at the court hearing or by appeal within 60 days and that a court order is final unless appealed within 60 days of service of the order.
• Compensation for loss of going concern: Requires an owner of a business or trade destroyed by a taking to be compensated for loss and allows a party to appeal the amount awarded.
• Minimum compensation: Specifies that an owner forced to relocate must receive minimum damages that allow the owner to purchase a comparable property in the community.
• Limitations on condemning authority’s actions: Prohibits the acquiring authority from requiring the owner to accept as part of the compensation any substitute or replacement property, or to accept the return of any portion of the acquired property.
• Limit on relocation benefits: Provides that relocation benefits to a displaced business shall be in accord with federal regulations, but establishes a maximum of $50,000 that those regulations do not contain.
• Relocation assistance determined by administrative law judge: Allows a person rejecting the acquiring authority’s offer of relocation benefits to initiate a contested case hearing before an administrative law judge, whose decision is final.

This legislation is a direct response to the proposed CapX 2020 line that is moving forward that will affect many regions of the state. The CapX 2020 line will go from Brookings to Hampton affecting Minnesotans in Lincoln County in the west through, Scott, Rice, Dakota and Goodhue counties and points south toward the Wisconsin border.

The CapX 2020 power lines are moving forward as we speak and it’s critical we ensure that the rights of Minnesota property owners are protected.

Thanks to my constituents and all Minnesotans who spoke up about their concerns about this issue.

We never would have built the bipartisan coalition needed to pass this new law had it not been the citizens across the state who spoke up and contacted their legislators. This is a great example of our democracy in action.

The purpose of the evening was to celebrate the past 30 years of accomplishments and to create progressive dialogue about the challenges we will be facing for the next thirty years.  Mr. Hawken’s message centers on the ongoing movement to partner with a diversity of organizations to work together towards a sustainable, energy-secure society.  An enlightening video of one of his speeches can be viewed online at FORAtv’s website.

The Minnesota Renewable Energy Society (MRES) is a member-run non-profit organization created to promote the use of, and to engage in advocacy for, renewable energies in Minnesota through education and through the demonstration of practical applications. MRES is involved in education, awareness, and advocacy efforts for all forms of renewable energy, with a particular emphasis on solar technologies. Upcoming events can be found in their newsletter.

A conference about a new way to create jobs and encourage renewable energy in your community.

Sponsored by the

Institute for Local Self-Reliance
January 9, 2009 at Buntrock Commons, St. Olaf College, MN (click on names for directions)

To register click here:

To organize and inform decision makers via a one-day conference to highlight the significant economic, environmental, and community benefits of a feed-in tariff policy in contrast to existing policy; to highlight the particular importance of dispersed and locally-owned energy generation under such a policy; and to envision the impact of widespread state and federal adoption of feed-in tariffs.

Who should attend: state legislators, environmental and energy advocates, renewable energy industry representatives, local government officials interested in green job economic development, nonprofits and foundations committed to a renewable energy future.

Some of the people I talked to have actually complimented this blog on the information pertaining to FIT. Many enjoyed viewing the 3 videos on the right and learned more about the FIT program.

The first video is a conference I attended with the World Future Council (WFC) in Washington D.C., the second video is a 40 min feed of a cell-phone conversation with Terry Tamminen, author of “Lives Per Gallon, The True Cost of Our Oil Addiction” as he discusses FIT, and the third video is about “The German Feed-In Tariff Law.” Viewing this video gives you a good idea on how this program could work in Minnesota. Take some time and review the 3 videos.