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BY KATE HESSLING
Tribune Staff Writer
UPPER THUMB —
People must know their rights to just compensation when negotiating with
ITCTransmission, stresses one
Michigan
eminent domain attorney.
While ITCTransmission “is a pretty responsible,
serious company” that is very concerned with not affecting the
environment, Alan Ackerman, a Bloomfield Hills attorney who has been
exclusively representing landowners in eminent domain and condemnation
cases for more than 30 years, said his concern, and that of his local
clients — which include three large farms, one located in Sanilac
County and two in Tuscola County — is the effects the Thumb Loop will
have on their farming operations.
He said he is filing appearances on behalf of those
three landowners to ensure lines are placed in an area of their property
that least impacts their business, “because farming is their
business.”
“They don’t look at this like a recreation
issue — this is serious business,” Ackerman added.
A route that goes through the middle of a farm can
have negative repercussions, and in some instances, it can destroy
farming operations if it hinders irrigation systems, he said.
While there are some large farms that will have to
have lines through the property, it’s possible to create less of an
impact for some farmers by siting the lines elsewhere on the property.
Ackerman said he has filed appearances with the
Michigan Public Service Commission (MPSC) on behalf of his clients, not
to stop the project, but to make sure that if it’s on one of his
client’s properties, it’s sited in an area that will do the least
amount of damage.
He said once the MPSC takes action, appraisals will
be done and then condemnings will take place, as ITC will have the
ability to condemn land via eminent domain.
“Once MPSC grants ITC the power to condemn, the
owners are going to be individually challenging the just compensation
offers on their property. Sometimes ITC makes good offers. In some
cases, the vast majority of offers are OK, (in) other (cases), more than
50 percent object to the offer,” Ackerman said.
Eminent domain is the power to force the sale of
land at fair market value. The problem that crops up in many instances,
Ackerman said, is determining what is the fair market value and what is
just compensation.
If an offer is too low, for whatever reason, and
ITC does not understand the impact that will result, then
attorneys like Ackerman are brought on to make the landowner’s case,
he said.
Ackerman said there have been instances farmers
have been able to work with ITC to have routes slightly changed. He said
it may be possible ITC will meet with Thumb landowners and make offers
that will make everyone happy. It’s also possible the opposite will
happen and landowners will negotiate a different offer or end up
disputing ITC’s final offer.
If someone has a legitimate claim, it’s possible
they “can take ITC on and be successful,” he said. However, if
someone doesn’t have a valid claim, they will not be successful.
“You shouldn’t do it just to be emotional and
fight the ITC — there’s a public use in this,” Ackerman said.
MPSC currently is in the stage of finalizing the
route of the Thumb Loop. Once that is finished, ITC will get appraisals
and make offers based on the appraisals, Ackerman said. He said if
someone disputes an offer, the landowner can negotiate a resolution with
ITC. If a resolution cannot be reached, a landowner can file a lawsuit.
It’s important landowners know the MPSC is
willing to listen if someone can factually prove there’s a better
route, Ackerman said. The best way to do this is to get a lawyer and
file a petition to intervene by showing the better route.
In respect to his clients in the Thumb, Ackerman
said they are more concerned about where towers/lines are going to go on
their property so they don’t lose the ability to farm.
He said people need to realize that the project is
moving forward, and there’s no changing that. So landowners need to
focus on how to best move forward.
“That’s the real issue,” Ackerman said.
While Ackerman’s first suggestion is for
landowners to retain, or at least consult with, a lawyer, the following
is a list of tips from Ackerman previously reported in the Monroe Daily
News for those who shy from attorneys: • Keep quiet, get the offer in
writing and figure out what the basis of the offer is.
• Figure out exactly where the pipeline, wires,
etc. are being installed. How will this affect the property next year?
In 20 years? Does it destroy the farm tiles?
• Make sure you know what your local government
mandates.
• Get everything in writing, make sure you can
understand it and make sure it’s specific. Do not sign anything until
you have read it thoroughly and understand it.
• Keep the property well maintained.
• Keep in mind the people who come to negotiate
the use of your property are professionals at this. • Get an
independent assessment.
• Get exact definitions.
ITC: Eminent domain a last resort
Once ITCTransmission begins meeting with
landowners, following the MPSC’s approval and the finalization of the
route, the goal is to reach a mutually beneficial agreement with each
landowner, said ITCTransmission Senior Capital Communications Specialist
Joe Kirik.
“We begin the negotiation process with them, and
there are several steps,” Kirik said. “Initially, there’s a survey
(where we) take a look at the property. It’s all based on discussions
and negotiations with landowners. Throughout the whole process —
siting, design and construction — the goal is to work with landowners
to minimize the impacts to them and their property.”
The discussions are necessary for ITC to get a feel
for each landowner’s individual situation and what his or her concerns
are in regard to where lines and structures will be sited, Kirik said.
He noted while ITC wants to negotiate with
landowners, it has to be on a reasonable basis.
In most cases, the process works well and a
mutually beneficial negotiated agreement is reached with each landowner,
he said.
“There are situations, occasionally, where we
reach an impasse. And in those situations, ITC does have the authority
to file condemnation actions per
Michigan
law — but we only do that as a last resort,” Kirik said.
That is because ITC will have to come on the
property from time to time for maintenance, and the company wants to be
good neighbors and be a positive force in the community, he said.
“We view the landowners as partners,” Kirik
said. “ ... This is a very important point to us — we really do
prefer to arrive at negotiated agreements.”
The percentage of how many instances ITC has had to
obtain easements by eminent domain varies from project to project, but
overall, it is low, he said.
“We want to be sensitive to each landowner’s
particular situation and what the situation is on their property — we
want to understand what their concerns are and figure out the best
solution in each case for routing the line,” Kirik said.
Sometimes there is leeway in terms of placing
structures, and the whole point of working with landowners is to have a
cooperative process so ITC understands a landowner’s concerns and
works with them to arrive to a solution, he said.
“We don’t approach it from the standpoint that
we have the power to condemn (land) — that’s not our approach at
all,” Kirik said.
In regard to some concerns that large transmission
towers will decrease area property values, overall, studies generally
show a transmission line will not affect the long-term value of a
property, he said.
“But as any real estate person can tell you,
property values are determined by a complicated set of factors,” Kirik
said, noting there is a variety of factors that determine property
values. “But studies we’ve seen generally show that a transmission
line does not affect the long-term value of a property. Again, it’s a
negotiated process. (We) start with a value based on the fair market
value of the land — that’s the negotiating starting point.”
Kirik said ITC understands landowners have rights
in terms of just compensation.
“We look at each individual case and we come up
with what we feel is a fair offer reflecting fair market value,” he
said. “It’s a negotiating process and we want to keep an open mind.
We want to listen to landowners’ points of view and arrive at an
agreement.”
Web
Link >> http://www.michigansthumb.com/articles/2010/11/18/news/local_news/doc4ce518339d20d496935765.txt
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