Although important legislation to prevent the use of eminent domain for overhead merchant transmission projects was defeated at the Missouri legislature, landowners are not defeated.
This one small battle in the larger war re-framed the issue in a big way that will have repercussions nationwide.
This one small battle in the larger war re-framed the issue in a big way that will have repercussions nationwide.
Democrats, such as Reps. Tracy McCreery and Peter Merideth, both of St. Louis, have argued that projects like the Grain Belt would bring in tax revenue and encourage the use of green energy.
Tax revenue? We should use eminent domain to take private property in order to increase tax revenue? Wasn't that the problem in Kelo v. City of New London? Should out-of-state private companies wield eminent domain for their own profits based on inflated promises of increased tax revenue? If that's the case, no one's property is safe. This is bigger than one merchant transmission project.
And then there's that "green energy" thing. Should private property be confiscated in order to pretend the electricity we waste is "greener?" The right of eminent domain was granted to public utilities in the last century as a way to electrify the country. In more recent times, this purpose has been lost as we slipped down the slope of using eminent domain for less compelling reasons, such as generation choices and electric rate issues. The first tenet of eminent domain use for electric projects should always be absolute necessity. Will the lights go off if the transmission project isn't built? If the answer is no, then eminent domain should be prohibited. End of story.
These are the issues that will be discussed in the wake of HB 1062, and advocates will enter the next battle in this war better prepared.
This legislative battle saw the rise of a crew of property rights heroes who deserve our recognition and thanks.
Representative James Hansen showed true leadership and dedication to his constituents by sponsoring this legislation and working tirelessly to shepherd it through the legislature. Be sure to thank him for taking a stand for property rights.
Ralls County Commissioner Wiley Hibbard worked enthusiastically throughout to support this legislation on behalf of his constituents. There were times he was in Jefferson City throughout the night. There can be no better public servant than Wiley Hibbard, and he deserves a wealth of thanks for his efforts.
Marilyn O'Bannon, Eastern Missouri Landowners' representative never stopped her efforts to get this legislation passed, even when an accident left her with only one good arm in the middle of the battle. Marilyn's work ethic and grace under pressure should be lauded by all GBE opponents.
Paul Agathan, the best lawyer landowners have ever had contributed greatly to the effort, even though he was bogged down with PSC briefs for the GBE sales case AND appeal for the CCN case at the same time. He's amazing and landowners can't thank him enough for his work on their behalf.
Landowners Phil and Doris Brown put huge effort into this battle, providing advice and material and taking the initiative on many things to keep the issues clear and truthful.
Russ Pisciotta, Block GBE representative, continued to dedicate his time on this issue and was a fierce advocate for the legislation.
Please take the time to thank these individuals for the countless hours spent on this initiative.
And now let's recognize all the landowners and supporters who not only made the trek to Jefferson City for the rally in April during a very busy time of year, but blanketed legislators with calls and emails of support for this legislation. Thank you, each one of you!
So, what's next? Continuing this war as it was before the legislative session. GBE's CCN has been appealed. A decision has not yet been made on the GBE/Invenergy sales case by the PSC. Briefs have been filed.
GBE/Invenergy need numerous county assents in Missouri before they can construct anything. That battle is looming on the horizon and it's not going to be quick or easy for GBE/Invenergy.
If we believe Invenergy, a permit would be needed from the Illinois Commerce Commission that is years away. It hasn't even been applied for, and even if it is granted several years down the road, appeals look promising thanks to the precedent set by Illinois Landowners Alliance several years ago.
If we don't believe Invenergy, major changes are coming to GBE before the end of the year that will require new state regulatory approvals.
Delay, delay, delay. And as we all know, delay is our friend. And I'll share something here... I truly believe GBE will never be built. Have faith! You are going to win this battle!
No sense crying over spilled milk when there are so many battles left to fight. Every effort to defeat GBE builds strength for the opposition. Keep fighting!
And then there's that "green energy" thing. Should private property be confiscated in order to pretend the electricity we waste is "greener?" The right of eminent domain was granted to public utilities in the last century as a way to electrify the country. In more recent times, this purpose has been lost as we slipped down the slope of using eminent domain for less compelling reasons, such as generation choices and electric rate issues. The first tenet of eminent domain use for electric projects should always be absolute necessity. Will the lights go off if the transmission project isn't built? If the answer is no, then eminent domain should be prohibited. End of story.
These are the issues that will be discussed in the wake of HB 1062, and advocates will enter the next battle in this war better prepared.
This legislative battle saw the rise of a crew of property rights heroes who deserve our recognition and thanks.
Representative James Hansen showed true leadership and dedication to his constituents by sponsoring this legislation and working tirelessly to shepherd it through the legislature. Be sure to thank him for taking a stand for property rights.
Ralls County Commissioner Wiley Hibbard worked enthusiastically throughout to support this legislation on behalf of his constituents. There were times he was in Jefferson City throughout the night. There can be no better public servant than Wiley Hibbard, and he deserves a wealth of thanks for his efforts.
Marilyn O'Bannon, Eastern Missouri Landowners' representative never stopped her efforts to get this legislation passed, even when an accident left her with only one good arm in the middle of the battle. Marilyn's work ethic and grace under pressure should be lauded by all GBE opponents.
Paul Agathan, the best lawyer landowners have ever had contributed greatly to the effort, even though he was bogged down with PSC briefs for the GBE sales case AND appeal for the CCN case at the same time. He's amazing and landowners can't thank him enough for his work on their behalf.
Landowners Phil and Doris Brown put huge effort into this battle, providing advice and material and taking the initiative on many things to keep the issues clear and truthful.
Russ Pisciotta, Block GBE representative, continued to dedicate his time on this issue and was a fierce advocate for the legislation.
Please take the time to thank these individuals for the countless hours spent on this initiative.
And now let's recognize all the landowners and supporters who not only made the trek to Jefferson City for the rally in April during a very busy time of year, but blanketed legislators with calls and emails of support for this legislation. Thank you, each one of you!
So, what's next? Continuing this war as it was before the legislative session. GBE's CCN has been appealed. A decision has not yet been made on the GBE/Invenergy sales case by the PSC. Briefs have been filed.
GBE/Invenergy need numerous county assents in Missouri before they can construct anything. That battle is looming on the horizon and it's not going to be quick or easy for GBE/Invenergy.
If we believe Invenergy, a permit would be needed from the Illinois Commerce Commission that is years away. It hasn't even been applied for, and even if it is granted several years down the road, appeals look promising thanks to the precedent set by Illinois Landowners Alliance several years ago.
If we don't believe Invenergy, major changes are coming to GBE before the end of the year that will require new state regulatory approvals.
Delay, delay, delay. And as we all know, delay is our friend. And I'll share something here... I truly believe GBE will never be built. Have faith! You are going to win this battle!
No sense crying over spilled milk when there are so many battles left to fight. Every effort to defeat GBE builds strength for the opposition. Keep fighting!
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