Consumers' New Proposed Project Causes Local Uproar

A proposed high-voltage transmission line is vigorously opposed by impacted local residents.

Consumers Power is planning to construct the Crandall High Voltage Line, which will run from the VanKal substation in Almena Township, 20 miles through Antwerp, Paw Paw, and Lawrence Townships, and ending at Lawrence-Crandall Business Centre.

Consumers is planning two open houses, the first on February 21 in Lawrence and the second on February 28 in Almena.

The project is raising the ire of residents, who are naturally upset at the prospect of eminent domain acquisitions that will reduce the value of their properties.

Depending on the proposed voltage, Consumers may need to first seek approval from the Michigan Public Service Commission. Certain lower voltage projects need not obtain MPSC approval. However, MPSC approval would allow Consumers to avoid the impact of local zoning ordinances and significantly reduce the basis for any eminent domain challenges. If the MPSC approves the project, property owners could still challenge whether all the property rights being sought were necessary. For example, if the MPSC approved a certain type of line, an easement that sought ubiquitous electrical transmission rights could be the basis of a necessity challenge. Even if successful, such a challenge could be corrected if Consumers sought a revised easement in a later proceeding. 

However, Consumers would still need to pay just compensation, which could be significant depending upon the impacts of the easement on any specific property.  For example, utility lines that are both ugly from an aesthetic perspective and eliminate screening vegetation impact the value of single family residential properties. Overhead easements also impact farming, both in the short term resulting from compaction during the construction process and the long term if it impacts field rows or irrigation systems. Vacant, development parcels are impacted by the need to avoid the encumbered area, which reduces yield and increases per unit development costs.

I have handled hundreds of electrical line cases against ITC and Consumers. I am also very familiar with the area of this taking, both because of prior projects in Kalamazoo County and because of family living very close to the impacted area.  Please contact me if you have any questions.