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26 February 2019

Eminent Domain – Nebraska Legislative Bill 155

February 21, 2019. Eminent domain. Grant County News 134(30): 1, 6.

A stalwart Nebraska legislator had a bunch of concerned and supportive sandhillers in his office on February 7th. It was time for a public hearing associated with legislative action to remove the use of eminent domain by public entities to benefit private companies.

The advocate was Sen. Tom Brewer of the 43rd legislative district. More than a dozen sandhillers came driving for hours on a frigid winter day – leaving their ranch – so their voice could be heard.

Before dawn at Valentine upon one particular departure, the temperature was sub-zero. Add in the extent of wind chill and the extreme polar cold was obvious. Our group represented one of several travelers across snow swept land so we could speak to the future of the sandhills.

We went to speak at a public hearing scheduled for the Natural Resources Committee at the Nebraska capitol in Lincoln. Sen. Brewer’s request to the fine senators of this committee was to strike a single sentence from legal statutes “to eliminate provisions relating to eminent domain” as indicated in a state law.

The words are: “The exercise of eminent domain to provide needed transmission lines and related facilities for a privately developed renewable energy generation is a public use.”

The legislation was introduced by Sen. Brewer, as he stated: “Public entities using the power of government against their neighbors so they can make money.”

“It is wrong,” Brewer said. There was then a public hearing. People spoke and the state senators listened and asked fine questions.

Proponents for approval of the LB 155 spoke first, obvious in their opposition to allow a public entity to act for the benefit of private landowners. There were ca. 15 people that presented personal testimony in support. Their words were indicative and convey what sandhills residents have realized and how they want to continue the essential cattle land legacy and other special values.

“Our legacy runs really deep,” said Wayne Eatinger, a fifth generation rancher in southeast Cherry county.

Barbara Welch was so very personable in regard to making sure that landmarks continue to be special places. Her analogy was so poignant that Sen. Hughes, chairman of the committee asked her to share a key tenet that she has adhered to since her days of high school. It was the result of a bunch of mice in a box so many few years ago. She brought many smiles to those present.

Dan Welch then spoke to the heritage of his ranch unit south of Thedford. The r-project would traverse the couple’s ranch property and create a health threat and diminish the value of the rangeland which has been scientifically studied.

“Take away our property rights and you take away our dignity,” Mr. Welch said. ”NPPD has been using eminent domain as a big stick over our heads for four years.”

Mr. Welch is an outspoken advocate for private property rights and this was obvious during his more than five minute testimony on Thursday.

Barb and Dan Welch presented a late December letter that arrived in their mail-box. It was an indication from NPPD that they would use eminent domain and all of its legal conundrums to condemn Welch ranchland to construct an industrial powerline across his range for heritage cattle.

“If you do not truly own your property, you are property,” said Brett Steffen of Thedford. The proposed r-project would traverse his property south of Thedford.

Sam Sampson, of Lincoln, conveyed his personal advocacy again wind turbines based upon his appreciation of a haven for hunters and outdoor enthusiasts at Brewster. “We need to protect some of us from the tyranny of others,” he said while wearing his best suit to speak his heart-felt words to the legislators.

Dean Smith from Antelope county – a newly elected county commissioner – was supportive as he referred to the nearly 300 industrial wind turbines in the county, with more being considered. His comments indicated the negative impacts during turbine project construction.

A significant presentation was a map graphic of Cherry county that indicates the extent of land-owners opposed to wind turbines. This document of record indicated the situation to each member of the Natural Resources Committee. The extent of opposition as obvious with the color red. The presentation provided an opportunity to convey other details associated with industrial wind turbines and necessary powerlines, based upon the currently known situation in Cherry county.

Some minutes beyond the five minutes allotted was provided to speak to what is being done within Cherry county. There were questions regarding the current county commissioners. Industrial wind turbines could not be placed on lands enrolled within the for-wind land owners because their surrounding neighbors do not want industrial wind turbines on their property. This is probably the case with industrial transmission lines. There were words said in regard to the request by Wayne Eatinger to ban industrial wind turbines within the county. It was also an opportunity to discuss the importance of state-level legislation as well as actions being done by the Bureau of Educational Lands and Funds.

A detail oriented cost-analysis evaluation was provided by Douglas P. Nelson, from Wayne. The economics for establishing a wind turbine project meant a loss due to the reality of costs.

“Take care of residents first,” said Amy Ballagh, a ranch-wife from the eastern hills and a long-time opponent to the r-project. There should be no eminent domain for private gain, she said.

Dave Hutchison, operator of a bison ranch near Rose, conveyed a common theme that the r-project would threaten whooping cranes and diminish the value of visitors to the region. He provided handouts with details.

Other names associated with comments included Mike Young, Marjorie Manning Warren and Ann Manning-Warren.

The opponents to this bill wore suits and represented some group, and were paid representatives of some groups with an obvious agenda, including the Advance Power Alliance, the Center for Rural Affairs and the Nebraska Farmers Union. They talked extensively, yet when asked a particular question the answers were lacking. Supposed economic development was a primary reason to not change the current legislation.

There was no utility company or industrial wind turbine developer present at the hearing.

Sen. Brewer ended the public hearing with his passionate comments. His concern for the sandhills and its people was blatantly obvious as he has actively been working to continue appreciated values. His staff worked with the landowner map to enhance it in relation to the proposed r-project corridor.

Sen. Brewer has selected this legislative action to be his priority bill, as he and his staff, including legislative aide Tony Baker continue to strongly work for residents of the 43rd district.

“What gives developer the right to impact neighbors,” he said. There is “smoke and mirrors by big wind.”

The efforts of many meant significant words were given to support Senator Brewer’s request to revise state legislation.

This day of action started in the dark during a realized 4o upon departure a few minutes after 6 a.m. at Valentine. Cold was everywhere during the day hours during the travel time when ranch employees stayed at the ranch to do chores and take care of the stock.

Finally after a long drive and getting back to the home place the temperature – including an excessively abhorrent wind chill – was at least -8o upon returning to Cherry county and the heart city so many hours later during one day.

08 February 2019

Annual Banquet Held by Ducks Unlimited

The annual banquet of the Sandhills Chapter of Ducks Unlimited was a resounding success as community residents and their families gathered to support the conservation of waterfowl and their habitats.

Attendees ranged in age from infants to elders. Adults conversed while kids ran around having fun. Some participated in games – including “Duck-O bingo”  – when many smiles were obvious. The winner of “Last Duck Standing” certainly had a special day as he not only won, but he won on his birthday. The crowd gave him a rendition of the Happy Birthday song. There were raffles of many waterfowl-related items donated by businesses.

Some youngsters spent time at the Greenwing Raffle, a youth-oriented booth. One tyke present had a tiny, plastic, yellow duck held close as his expression of waterfowl. A couple of young girls with their raffle tickets all ready, bantered about ice-fishing with their dad at the Valentine lake district.

Jake Ohlmann, chair of the local chapter, was pleased with the outcome of the banquet. He was busy helping at the “Mug of Tickets” table while noticing the fine bunch of people present and appreciating the many contributors.

“There are a lot of generous people in the community,” said Ohlmann, appreciative of every donation since each of them were helpful in raising fund for waterfowl conservation. Volunteers were “essential” and helped make the banquet a success as they also do for other group projects.

“I really enjoy kids being involved,” said Ohlmann. The banquet, as well as other outreach programs are “a chance to teach them about wildfowl hunting and conservation.” Adding that DU projects conserve “resources for generations to come.” He especially appreciates the dedication of long-time members in the organization.

There were a few people at the banquet that became new members.

Funds raised at the banquet will contribute to DU projects throughout the nation.

There is a nationally significant DU and U.S. Fish and Wildlife Service project currently underway at Valentine NWR, said JuanCarlos Giese, manager of Valentine National Wildlife Refuge and DU member.

Carp barriers and berms will be placed to manage wetland conditions and prohibit fish access at Sweetwater Lake, 21 Lake, Center Lake, Homestead Lake, Cow Lake, Little Hay Lake, Calf Camp Marsh (where a structure was placed in 2018) and Pony Lake, said Giese. Most of these places are east of Highway 83.

Once the “construction” phase of the project is completed, these sites will be treated to remove fish – notably invasive carp – from the lakes and wetlands. These shallow lakes and ponds will be managed for migratory birds and other wildlife, so no sport fish will be introduced into these wetlands.

About 900 acres wetlands will be restored, said Giese.

This “on the ground project will provide benefits to waterfowl and many others sorts of wildlife” as well as wetland flora. Some nongame birds that will benefit include many wildbird species, including the trumpeter swan, pied-billed grebe and marsh wren, for example. Amphibians are also expected to flourish amidst the rejuvenated wetland flora, Giese said.

Environmental improvements associated with natural land features will “attract the community and visitors to appreciate the refuge resources. It is very exciting to be involved with these landscape basis projects,” Giese said, noting the significance of being able to “work with the community and partners for the benefit of current and future generations.”

Work will be initiated once Section 404 permits are received in coming weeks from the Army Corps of Engineers, Giese said.

The FWS will continue to monitor results in order to evaluate success of the project, he said.
DU and FWS are the primary project partners. Essential funding has been provided by the Nebraska Environmental Trust and the North American Wetland Conservation Act. Also involved are the Nebraska Game and Parks Commission as well as the volunteer member-based Sandhill Prairie Refuge Association.

This project is ancillary to the lake restoration projects underway by the NGPC and FWS to remove carp and improve the fisheries at several prominent lakes of the refuge, west of Highway 83.

Two historic projects DU has been involved with in Cherry County include the Lord Lake project at the McKelvie Division of the Nebraska National Forest where water control structures and tree removal occurred, said DU member Mark Lindvall. Elsewhere, water control structures were added and a dike was rebuilt at Calf Camp Valley marsh, Valentine NWR.

Lindvall, of Valentine, has been a DU member for more than 20 years. The group “is a good conservation organization that puts projects on the ground,” he said. The local chapter was active in 1985 when he arrived to work at Valentine NWR. “I enjoy watching waterfowl in the spring a hunt in the fall which might be a time to just watch fowl in flight,” he said. “With wetland conservation projects there are more ducks and geese” for everyone to enjoy.

About 150 people attended the annual banquet held February 2nd at the 4-H building at the Cherry County fairgrounds, including Bill Stroup who started the local chapter years ago. The Sandhills chapter has about 100 members, Ohlmann said.

Any wildbird enthusiast with an interest in wetland conservation is welcome to join Ducks Unlimited, which has been active in Nebraska for many decades.