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.
