(LANSING) – A plan has been introduced that would guarantee property owners fair opportunities to challenge eminent domain for electric transmission lines.

State Representative Jennifer Wortz, a Republican from Quincy, last week proposed House Bill 4526 after hearing from Branch County residents about a pending ITC Holdings transmission line project. Many local property owners, especially farmers, have expressed concerns about the proposed line running through their land.

Wortz says State government must always protect the people’s fundamental rights, including property rights. She says many residents are speaking out about the proposed power line through Branch County. Wortz says farmers don’t want the line to interfere with their irrigation systems. Homeowners don’t want the line too close to their houses or ponds, and they don’t want to see their trees chopped down to make way for the line.

Wortz says if the Michigan Public Service Commission approves this project, residents deserve a day in court. She says she’s standing up for Branch County families. Wortz says her new plan will level the playing field for property owners challenging a takeover of their land.

ITC’s Helix-Hiple transmission line would run 55 miles from the Michigan-Indiana border in Gilead Township north through Branch County to the Helix Substation in Calhoun County. The company has proposed a preferred route and an alternate route to the Michigan Public Service Commission (MPSC), which is expected to make a decision by this summer. If the MPSC approves the project, the State’s eminent domain power would authorize property condemnation proceedings to acquire rights to use private land for the transmission line.

Under current law, property owners may challenge eminent domain in court, but an MPSC determination is binding on state courts when deciding whether a property acquisition for an electric transmission line is a public necessity. Wortz’s bill would eliminate this deference, instead requiring a transmission company to present clear and convincing evidence to the court that the proposed route of the transmission line is the most reasonable route.

HB 4526 was referred to the House Committee on Energy for consideration.