States with Better Laws
With a D grade from the Castle Coalition, Missouri is far behind other states when it comes to reining in abuse of Eminent Domain. Check out these examples of states with stronger and better laws on the books. Until our State Legislature acts to protect us, companies are practically incentivized to run over Missouri landowners…
Examples of states with better legislation.
“In the siting of new electric transmission facilities, including high-voltage transmission lines, as defined in s. 196.491 (1) (f), it is the policy of this state that, to the greatest extent feasible that is consistent with economic and engineering considerations, reliability of the electric system, and protection of the environment, the following corridors should be utilized in the following order of priority:
(a) Existing utility corridors.
(c) Recreational trails, to the extent that the facilities may be constructed below ground and that the facilities do not significantly impact environmentally sensitive areas.
(d) New corridors.”
Minnesota laws put the burden of proof on the commissioners by requiring that: “The commission must make specific findings that it has considered locating a route for a high-voltage transmission line on an existing high-voltage transmission route and the use of parallel existing highway right-of-way and, to the extent those are not used for the route, the commission must state the reasons.”
Illinois State Stature Section 8-406.1 (f)(1)
That the Project is necessary to provide adequate, reliable, and efficient service to the public utility’s customers and is the least-cost means of satisfying the service needs of the public utility’s customers or that the Project will promote the development of an effectively competitive electricity market that operates efficiently, is equitable to all customers, and is the least cost means of satisfying those objectives.
According to the Final Report & Order of ICC case #12-0598 – (August, 20 2013):
Precedent requires that “cost” be determined by the following 12 criteria:
1. Length of the line
2. Difficulty and cost of construction
3. Difficulty and cost of operation and maintenance
4. Environmental impacts
5. Impacts on historical resources
6. Social and land use impacts
7. Number of affected landowners and other stakeholders
8. Proximity to homes and other structures
9. Proximity to existing and planned development
10. Community acceptance
11. Visual impact
12. Presence of existing corridors