When Gov. Stitt, the attorney general, legislative leaders and others in the state recently challenged a proposed Energy Department transmission line across Oklahoma, they labeled it as a “land grab.” The Energy Department cancelled the project last week.
But the land grab fight is far from over, in the eyes of some landowners who have gone to court to fight Invenergy’s proposed Cimarron Link transmission line across northern Oklahoma, a project supported by the Southwest Power Pool. The Cimarron Link might have the support of Rep. Casey Murdock of Felt (he repeated his support last week) but it isn’t supported by some landowners near Enid.
The use of eminent domain will have far-reaching impacts as the Link’s project is expected to cross lands in Texas, Beaver, Harper, Woodward, Ellis, Major, Kingfisher, Garfield, Logan, Payne, Lincoln, Creek and Tulsa counties.
They’ve been sued by Cimarron Link Transmission LLC because the farmers and ranchers won’t allow Cimarron Link surveyors onto their land. Garfield County District Judge Paul K. Woodward heard arguments earlier this month and intends to render a decision at a Jan. 21 hearing.
David L. Bryan and his wife Linda C. Bryan were sued by Cimarron Link Transmission in early November. The company claimed it has the power and is authorized to enter upon private property “prior to the exercise of eminent domain” for the purpose of conducting surveys for its proposed right-of-way easement.
Cimarron Link stated in its lawsuit it had been unable to obtain permission from the Bryans to enter onto their property. It also contended it had to resort to the lawsuit because “it cannot determine the exact location and description of the required right-of-way easement. Its lawsuit sought a preliminary injunction against the Bryans and claims it is likely to win the case because the actions of the Bryans “are contrary to Oklahoma law.”
As for the Bryans, they are supported by the Oklahoma Farm Bureau, the Oklahoma Farmers Union and the Petroleum Alliance of Oklahoma. Those groups are seeking the judge’s approval to intervene.
In a Dec. 13 filing, the Farm Bureau and the Petroleum Alliance charged that in the cases, no summons were issued and the hearings were set prior to service upon any defendant.
“Further, this appears to be the pattern and practice of Plaintiff’s counsel in other cases it has filed across the state as well,” complained the two groups.
The Farm Bureau and the Alliance maintain they should be able to intervene in the case. The Farm Bureau declaring the the private property and rights of the landowners “will be impacted for generations with the installation of a high-voltage direct current transmission line.” The Alliance said its members with producing wells have been provided with no notice or information about the land to be surveyed. “…the oil and gas industry through its Alliance members have made significant investments across Garfield County and other counties which are likely to be impacted by the construction of this transmission line.”
Both groups also claim the transmission line has no “real” regulatory oversight to ensure protection of the rights of the property owners and oil and gas interests.
The Farmers Union, in its motion to intervene, stated the court should reject Cimarron Link’s anticipated argument to deflect or minimize the public importance of the issue of eminent domain when it “is itself attempting to use public-interest law to its favor to gain entry onto private land.” The Farmers Union fears that should Cimarron Link win the case, it will attempt to persuade courts in other condemnation suits that other judges ruled for the company.
“Given the repetitive nature of the consolidated filings, Oklahoma Farmers Union assumes that, in the future, the Plaintiff will attempt to make similar claims up-and-down the proposed line, in several counties.”
The project prompted landowners from northwest Oklahoma to eastern Oklahoma to oppose it. They have organized for a Jan. 7 rally at the state capitol and their fliers indicate Attorney General Gentner Drummond and several state senators and representatives will deliver remarks. Drummond came out in opposition to the Delta Plains Corridor that was canceled by the Energy Department.
