Written by Robert Kuhn and Alan Ackerman
The Marquette Board of Light and Power (“MBLP”) is continuing forward with its new electric transmission line project, titled the “Second Interconnection Project,” in Marquette County. The project will require the taking of new easements and the condemnation of private property to expand MBLP’s current transmission line network. The proposed line will start at a substation located on County Road 480 in Negaunee Township. The line will run on County Road 480 through Negaunee and Sands Townships and will proceed on M-553 and Division Street into the City of Marquette. A picture of the line as proposed is depicted below:
The proposed line will require the MBLP to take new and expanded easements from local property owners, which include properties located on County Road 480, M-553, and the Division Street area in Marquette. The easements will allow the utility to install upgraded and expanded lines, while potentially restricting the ability of property owners from fully using their property in the areas bordering the new easement. Under the terms of the proposed easements, MBLP may retain the right to remove structures and vegetation that interferes with or obstructs MBLP’s expanded electric utilities. Property owners could lose landscaping, vegetation, and structures in areas that border the easement as the utility clears away potential obstructions, including through the removal of a significant number of trees.
Further, the easement document may not identify or limit the placement of poles and the expansion of electric facilities in the future. It is possible the new easements could be used at a later time to install even larger transmission lines with higher voltage. Once an easement is signed away, it may allow the utility to access and use of the property far beyond what was originally intended when the easement was first accepted by owner.
Before signing agreements that significantly impact property value, it is important that owners carefully review and understand the terms of the easements they may grant to the utility, including the potential effect of the easement on the future use of the property. Property owners are entitled not only to the value of the land physically taken by the utility. They are also entitled to full loss in value to the property that remains after the taking. Oakland County Board of Road Comm’rs v JBD Rochester, LLC, 271 Mich App 113, 115 (2006). In many cases involving transmission lines, the damage to the remaining property can be substantial and can be far in excess to the value of the land physically taken. Damage to the remaining property can be especially significant in the context of residences and commercial operations, although every case is unique and requires careful examination.
Moreover, statements and aversions by the utility as to how it presently intends to use the easement do not limit the amount of damages the property owner can recover. Given that the utility takes an easement in perpetuity, which could be used at a later time for different or greater transmission line development, property owners are entitled to damages for any potential and legal use the utility could make of the easement in the future, even if those uses are not presently intended. Mackie v Watt, 374 Mich 300, 312 (1965) (property owners are entitled to recover damages for “all injury possible to arise in the future from the [plaintiff’s] present acquisition of rights”). Oral statements or representations by the utility as to its current plans generally will not control over the express terms of legal document conveying an easement.
When negotiating with the MBLP, it is imperative that property owners read the terms of any proposed easement closely and with a full understanding of the rights they are permanently conveying. We at Ackerman & Ackerman can help property owners navigate this uncertain and often challenging process. For over fifty years, our law firm has been dedicated to representing property owners in agricultural, residential, industrial, and commercial condemnation proceedings. We have successfully handled hundreds of cases involving pipeline and electric transmission line takings with Consumers Energy, ITC, and Detroit Edison.
Please feel free to contact us about your case and property by email at alan@ackerman-ackerman.com or robert@ackerman-ackerman.com, by phone at 248-537-1155, or through our website at www.ackerman-ackerman.com.
