Note, ‘Energized’ Negotiations: Mediating Disputes over the Siting of Interstate Electric Transmission Lines
By , February 8, 2012
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Courts have customarily granted utilities substantial deference as to their takings procedures, but the Kelo opinion and its accompanying legislative backlash should urge courts to place greater capital into condemnors’ integration of landowners when adjudicating eminent domain cases for transmission line projects. With expanded federal jurisdiction over the siting of interstate transmission facilities, these regional bodies would be best suited to balance local and national interests, and thus would be charged with overseeing the process of negotiations and mediation between landowners and transmission developers.
