MADISON, Wis. (CN) — A Wisconsin federal judge decided on Friday to let environmentalists challenging a multistate power line corridor proceed with their claims against two state commissioners they claim were biased in approving the corridor in the face of conflicts of interest.While allowing constitutional due process claims to proceed against the two commissioners in question, U.S. District Court Judge William Conley’s 36-page opinion did toss the environmental advocates’ Fifth Amendment takings claims because they did not meet the “daunting burden” to prove that the planned taking of private land for the public use of the transmission line amounts to a constitutional violation..
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Ken Notes: I so wish that the PSC and both parties could meet to determine if there is middle ground here. I have always thought that the 151 corridor offers a better option. Also if we must cut swath out of the driftless, I would like to see an exchange for trails, camping, wildlife, and conservancy land, on the table. The courts are not the best solution here because eminent domain is a set of rules and of you follow the rules you will win your case. It is the law -- you are in a courtroom -- do the math...
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- - Volume: 8 - WEEK: 48 Date: 11/23/2020 10:42:18 AM -