Oklahoma Forbids Eminent Domain for Wind Farms

Folks in Nebraska, Oklahoma, and elsewhere on the Great Plains don't think private Canadian corporation TransCanada should be able to take their land away by eminent domain just to build another leaky pipeline (oh, excuse me, Terry Cunha: a pipeline with leaky pump stations).

But while TransCanada pushes landowners around, Oklahoma has taken eminent domain power away from wind farm developers:

Gov. Mary Fallin has signed into law an eminent domain measure that protects rural landowners from the threat of companies looking for locations to build wind turbines.

The bill's author, Sen. Ron Justice, of Chickasha, said wind power provides a tremendous boost to the state's economy, but he said it is important to protect landowners' rights.

Note: Oklahoma is saying that even the promise of economic development does not justify infringing on private property rights. One could argue that wind towers pose less infringement on a landowners enjoyment and use of her own property than an oil pipeline. Installation tears up much less land. Wind turbines pose little risk of permanent pollution... or at least not thousands of barrels of toxic oil spewing onto your crops and cattle or exploding. But even wind turbines are deemed by the good state of Oklahoma as not worth taking someone's land against her will.

The law prohibits use of the power of eminent domain for the siting or erection of wind turbines on private land. It says landowners have the right to decide whether they want turbines on their land.

Justice said Senate Bill 124 was requested by landowners who were approached by wind industry representatives who mentioned the possible use of eminent domain.

Mentioned—why are we not getting a similar legislative outcry when TransCanada actually files eminent domain papers?

Jaime McAlpine of Chermac Energy Corp. said wind developers and utility companies helped craft the bill's language.

The wind developers helped write this eminent domain. You want to talk good neighbors? Wind developers are willing to help write a law that takes away their power to acquire land. In Oklahoma, wind developers are willing to acquire your land on the free market, for a price you agree to. They're willing to accept that when you say no, that's that.

TransCanada, however, will sic its land agents and lawyers on you until you break... or until a judge breaks you for them.