StopPATH WV
  • News
  • StopPATH WV Blog
  • FAQ
  • Events
  • Fundraisers
  • Make a Donation
  • Landowner Resources
  • About PATH
  • Get Involved
  • Commercials
  • Links
  • About Us
  • Contact

Iowa, Eminent Domain and NIMBYs

2/22/2014

3 Comments

 
Clean Line Energy Partners went into panic mode when dozens of landowners stormed the Capitol in Des Moines this week.  While legislation proposed to protect landowner rights under threat of eminent domain takings for the company's Rock Island Clean Line project passed out of committee, it failed to advance because Mother Nature intervened and turned the legislature dysfunctional at a crucial time.

However, all is not lost.  As Clean Line's snarky editorial tells us, "...it could come back as an amendment tacked onto another bill that's still alive."

And what's up with the name-calling in that editorial?  NIMBY?  Is that the best Clean Line could do to lobby for its project? 
But some people don't like the project, which is why the bill came forward. Landowners who are wary of eminent domain powers are speaking up against the project. In large part it has become an issue pitting pro-business groups and legislators against people who carry the NIMBY, or Not in My Backyard, mindframe.
Name-calling is one of the cheapest propaganda devices.  By placing opponents into unacceptable groups, the propagandist attempts to remove them from the argument before their positions can be logically considered.
Propagandists use the name-calling technique to incite fears or arouse positive prejudices with the intent that invoked fear (based on fearmongering tactics) or trust will encourage those that read, see or hear propaganda to construct a negative opinion, in respect to the former, or a positive opinion, with respect to the latter, about a person, group, or set of beliefs or ideas that the propagandist would wish the recipients to believe. The method is intended to provoke conclusions and actions about a matter apart from an impartial examinations of the facts of the matter. When this tactic is used instead of an argument, name-calling is thus a substitute for rational, fact-based arguments against an idea or belief, based upon its own merits, and becomes an argumentum ad hominem.
Clean Line is so frightened by the righteous concerns of landowners being asked to make a sacrifice for the pecuniary aspirations of a company from Texas, that they have resorted to cheap party tricks like "NIMBY."

News Flash:  Use of the "NIMBY" name in transmission battles is passe and ineffective.  The Alliance has already overcome that stereotype quite effectively.

And why shouldn't landowners be concerned or, as the editorial puts it, "not like the project."  The project is asking them to sacrifice their property, their business, their peace of mind and their physical well-being for the needs of some phantom others in "states farther east."  Who wouldn't resist it?  Would you resist a similar attack on your own home, income and way of life?

In addition, the "project" isn't even needed for reliability or economic reasons.  It's a scheme to make a lot of money supplanting existing generation in "states farther east" that have no desire for the power in the first place. 

While the financial windfalls may be shared with a handful of politically-connected landowners in NW Iowa who voluntarily host turbines, the buck stops there.  The Alliance landowners are being forced to take a one-time "market value" payment, not share in the wealth.  Their contribution to the effort is not being fairly recognized or compensated. 

While Clean Line's lobbyists hyperventilate that the legislation will "shut down this project as well as kill jobs,” the proposed legislation merely removed the company's threat of eminent domain against landowners who refused to go along.  As the Illinois Farm Bureau said in its Illinois Commerce Commission brief:
"In addition, if granted § 8-503 relief, what Rock Island characterizes as “voluntary” easement negotiations with farmers will actually sound something like “Rock Island has been directed by the Commission to construct a transmission line on an approve[d] route, which crosses your land.” Characterizing the easement negotiations as voluntary under these facts is kind of like giving someone the option of jumping off of a cliff before you push them."
If RICL is a viable and economic project, it shouldn't have any trouble compensating landowners to their satisfaction, and would not need the threat of eminent domain.  The use of eminent domain for private gain is the issue here, not jobs or economic development.  At what point does a person's right to own and enjoy property become less than another individual's desire to confiscate that property for his or her own pecuniary goals?  If you believe this is okay, as long as it's in someone else's back yard and you're sharing in the wealth, you're heading down a very slippery slope.  Because if you think it's okay in someone else's back yard, you are also saying it's okay in your own, and some day, the chickens are going to come home to roost and then you will be the "NIMBY." 

Why is Clean Line so scared? 
Think about it.
3 Comments
TJ
2/22/2014 12:39:26 am

First you have to examine what NIMBY stands for.
Not
In
My
Back
Yard

These folks aren't pushing the project into the back yards of others. They are saying that the project isn't needed in anyone's back yard. Therefore the NIMBY name fails.

Reply
Linda
2/22/2014 08:50:49 am

Thhis is the issue: Emminent domain is for PUBLIC use. Other utils. do it because their line is needed to make sure we have lights. RICL is not for that, it is so Clen Line gets filthy rich. Dirty money! No Emminent domain for private gain!

Reply
TJ link
2/23/2014 01:05:24 pm

Next time you hear a "Clean" Line rep saying "They're not applying for eminent domain AT THIS TIME," ..........
.................... remember this that came out UNDER OATH:

ComEd on RICL’s desire for Eminent Domain

"Second, RICL seeks an order under Section 8-503 to use as leverage in negotiations with private landowners whose land RI will need to acquire for the Project. Should its voluntary negotiations with the landowners fail, RI will use its 8-503 order as the legal precursor for exercising the power of eminent domain to involuntarily acquire the property rights necessary for the speculative Project." Page 37.

"RICL’s Primary Objective in Seeking an Order Under Section 8-503 Is To Facilitate Its Ability To Acquire Eminent Domain Authority And Initiate Condemnation Lawsuits To Obtain The Property Interests It Requires.

RICL recognizes that negotiating easement transactions with several dozen landowners could be time consuming and acrimonious, and having a Section 8-503 order in hand will strengthen its negotiating position with landowners and add credibility to RI’s claim that it can acquire the necessary property one way or the other." Page 40.

"Similarly, when voluntary negotiations with landowners reach an impasse, having a Section 8-503 order will streamline RI’s ability to obtain eminent domain authority and pursue condemnation actions to acquire the property interests that the Project requires." Page 40.

"In light of the record in this case, filled as it is with various contingencies that will delay or even prevent construction of the Project, the Commission should not take the extraordinary, precedent-setting step of arming RI with an order that will permanently impact private property rights, whether used as leverage in easement negotiations or as the legal predicate to allowing RI to take private property in condemnation proceedings." Page 40.

http://ridiculousricl.blogspot.com/search?updated-max=2014-02-03T18%3A31%3A00-08%3A00&max-results=7&start=2&by-date=false

Reply



Leave a Reply.

    About the Author

    Keryn Newman blogs here at StopPATH WV about energy issues, transmission policy, misguided regulation, our greedy energy companies and their corporate spin.
    In 2008, AEP & Allegheny Energy's PATH joint venture used their transmission line routing etch-a-sketch to draw a 765kV line across the street from her house. Oooops! And the rest is history.

    About
    StopPATH Blog

    StopPATH Blog began as a forum for information and opinion about the PATH transmission project.  The PATH project was abandoned in 2012, however, this blog was not.

    StopPATH Blog continues to bring you energy policy news and opinion from a consumer's point of view.  If it's sometimes snarky and oftentimes irreverent, just remember that the truth isn't pretty.  People come here because they want the truth, instead of the usual dreadful lies this industry continues to tell itself.  If you keep reading, I'll keep writing.


    Need help opposing unneeded transmission?
    Email me


    Search This Site

    Got something to say?  Submit your own opinion for publication.

    RSS Feed

    Archives

    June 2025
    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    February 2010
    January 2010

    Categories

    All
    $$$$$$
    2023 PJM Transmission
    Aep Vs Firstenergy
    Arkansas
    Best Practices
    Best Practices
    Big Winds Big Lie
    Can Of Worms
    Carolinas
    Citizen Action
    Colorado
    Corporate Propaganda
    Data Centers
    Democracy Failures
    DOE Failure
    Emf
    Eminent Domain
    Events
    Ferc Action
    FERC Incentives Part Deux
    Ferc Transmission Noi
    Firstenergy Failure
    Good Ideas
    Illinois
    Iowa
    Kansas
    Land Agents
    Legislative Action
    Marketing To Mayberry
    MARL
    Missouri
    Mtstorm Doubs Rebuild
    Mtstormdoubs Rebuild
    New Jersey
    New Mexico
    Newslinks
    NIETC
    Opinion
    Path Alternatives
    Path Failures
    Path Intimidation Attempts
    Pay To Play
    Potomac Edison Investigation
    Power Company Propaganda
    Psc Failure
    Rates
    Regulatory Capture
    Skelly Fail
    The Pjm Cartel
    Top Ten Clean Line Mistakes
    Transource
    Valley Link Transmission
    Washington
    West Virginia
    Wind Catcher
    Wisconsin

Copyright 2010 StopPATH WV, Inc.