The infamous Kelo v. City of New London case of 2005 started the whole mess. When the Supreme Court held that “economic development” constituted a “public use” to justify taking private property through eminent domain, I still remember my discomfort at the time and my concern that the ramifications would be far-ranging and longterm. Well, now here it is, causing a big problem in Missouri!
Because of this decision, government can seize your property for “economic development.”
For the last five years, a “clean energy project” called the Grain Belt Express has pressured the PSC in Missouri to allow eminent domain, so that they can construct a large power line across rural Missouri.
I have no quarrel with this project working it’s way across Missouri to provide clean energy to Indiana and Illinois. I like it that some poor counties might see a tax windfall and I don’t mind that the private investors of Inverngy LLC stand to make large profits from power users east of Missouri.
My quarrel is the perversion of eminent domain to the detriment of private land owners across the state. Forcing land owners to “settle” for a compensation, even if it is fair, is completely beside the point. That power is not needed in Missouri. Only a small portion of it will be sold in our state. In my opinion, it is a savvy technique used by the investors to “sweeten the lure” of poor counties to look the other way and ignore the private property rights of ranchers and landowners, many of them owning and working land that has been owned by families generations deep.
This eminent domain taking is not for a highway that’s necessary for commerce and transportation for Missourians and in this case, it is not to provide power to underserved portions of our state. The purpose of the Grain Belt Express is to sell electricity at a large profit in Illinois and Indiana.
Why not just engage and negotiate with the individual owners across the middle of our state, rather than use the force of government for easement purposes? I can tell you why. The cost would be much higher. Maybe so high that the project would no longer be profitable. I would be genuinely sorry if that were the case. However, the bigger and in my mind, the biggest issue, is the plight of the individual who does not want this power line crossing their property.
It’s easy to take the position that the ranchers and owners need to be more “reasonable” since they will be adequately compensated. Well, stop and consider this, if they get away with this invasion of private property rights and trample over these ranchers, just understand that you and your property could be next.
Private property rights are crucial to our rural way of life!
I am a proud cosponsor of House Bill 1062, sponsored by Rep Jim Hansen from District 40.
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Jeff Shawan represents the 153rd District. Contact him at jeff.shawan@house.mo.gov or by calling 573-751-1066.