Power poles and power plays: The fight to curb power utilities right to use eminent domain
The Wortmann family in Stanton once believed they would spend the rest of their lives on the property they built. Now, surrounded by a forest of power poles, they’re no longer sure.
STANTON, Neb. — The Wortmann family in Stanton once believed they would spend the rest of their lives on the property they built. Now, surrounded by a forest of power poles, they’re no longer sure.
“We call them the little gods from Lincoln because they have the power of God to take your home, and that’s what they did to us here,” says Tony Wortmann.
Portions of the Wortmanns’ land were acquired through eminent domain by Nebraska Public Power District. The utility says the land is needed for a power line serving a cryptocurrency mining company, Jigowatt, and Stanton County. But Tony Wortmann says the project has done more harm than good.
“Everybody has to get a permit except NPPD. They can just come in and do what they feel like, and they do it. They don’t care. If they want to put a crypto mine in your backyard, they will, and you can’t stop them,” Wortmann said.
State Sen. Eliot Bostar of Lincoln has introduced LB 1255, a bill that would prohibit public power suppliers from exercising eminent domain.
If passed, Nebraska would become the first state in the country to bar power utilities from using eminent domain. Nebraska Public Power District Executive Vice President John McClure disagrees with the proposal.
“Acquiring land rights for something as essential as the supply of electricity has to have a backup tool, which is eminent domain,” McClure said. “It’s rarely used, but it is used on occasion.”
“If we didn’t have this tool in the toolbox you probably wouldn’t have Interstate 80 going across the state of Nebraska. And you wouldn’t have other essential services that serve the public,” said McClure.
Wortmann disputes that claim. He says eminent domain threats began after his family declined to sell their land, and he believes they’re not alone.
“We’ve been talking to people all around the country, and the same things are happening to them. There’s a regular coalition out there fighting this because we want our rights back,” he said.
The Wortmanns say they received about $9,500 for the acre of land taken through eminent domain. In comparison, The Flatwater Free Press found that NPPD executives received $25,000 per acre for their land on a different project.
NPPD says state law requires good-faith negotiations before eminent domain can be used. But Bostar argues that if landowners were paid what executives received, eminent domain might not be necessary.
“If they’re willing to spend more than 100% over the appraised amount, what are they talking about? Why do they need eminent domain? Just offer that to people, are you kidding me?” Bostar said.
LB 1255 was first heard by the Judiciary Committee on Thursday afternoon. Mary Wortmann says it’s already too late for her family, but not for others.
“For us, it’s not going to do any good because they’ve already taken our land through eminent domain,” she said. “But it might help other people keep their property and not have to deal with that. That would make me feel good.”