Posted August 19, 2014
A judge recently ruled that a coalition of utilities that planted a power line through a small organic dairy farm could be forced to buy the whole property, according to a Minneapolis Star Tribune article by Emma Nelson available here. The St. Cloud Times also published an article available here.
Scott County District Court Judge Caroline Lennon turned to Minnesota’s “buy the farm” law when a power line threatened Cedar Summit Farm near New Prague, Minn., which is the only 100 percent grass-fed organic dairy farm.
The public ruling applies only to that farm, but other landowners are preparing legal fights along the route of the CapX2020 line from South Dakota through Minnesota, according to SC Times.
David and Florence Minar chose to force a purchase of their legacy farm instead of operating under the new power lines. Lennon ruled that they were within their rights to do so and now the utility is on the hook for possibly $1.4 million when the case moves into an appraisal phase.
The utility companies argued that the law did not apply, because their transmission structure would cover less than an acre and would not have a “major impact,” according to the Minneapolis Star Tribune.
The Minars disagreed and worried that a 345,000-volt line would harm the cows and have a negative impact with customers’ perceptions.
Lennon’s ruling stated that the line existence “on one portion of the property necessarily affects the entire property which is farmed together for the purpose of producing 100 percent grass-fed organic milk,” according to SC Times.
The Minars were pleased with the ruling.
“We’re very relieved. We’re so glad the judge saw the common sense of the law that was intended to help us get out from under the power line,” David Minar said.
For more information on animal feeding operations, please visit the National Agricultural Law Center’s website here.
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