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Transmission siting

February 28, 2008

A little-discussed provision in the 109th Congress’ Energy Policy Act (PL 109-058, a.k.a. H.R. 6) granted eminent domain powers to construct transmission lines wherever DoE declares a “national interest electric transmission corridor.” (See Sec. 1221 of the final PL 109-058 conference report, starting on page 1096 of this pdf.) This provision largely escaped the notice of property-rights crusaders (they must have been focused on ESA reform, but some people have noticed), but the program created by Sec. 1221 has already ramped up in the west and you can expect eminent domain takings within the next few years. Ostensibly the provision is to benefit the grid in general, but wind will be the biggest winner here.