November 3, 2020
This victory is good news for any person or group that is fighting against a solar, wind or electric transmission line project. Be sure the read the whole thing, because it also shows how Americans CAN unite and beat big business.
September 21, 2017 ·
WE WON!!!!!! The IL Landowners Alliance prevails in the Illinois Supreme Court Opinion issued this morning regarding RICL!!!!!!
FOR IMMEDIATE RELEASE:
In Rock Island Clean Line (RICL) Case
Illinois Supreme Court Affirms the 3rd Appellate Court Opinion that
Rock Island Clean Line (RICL) Is not a Public Utility
In a unanimous 7-0 Opinion handed down on September 21, the Illinois Supreme Court affirmed the Third District Court of Appeals determination that Rock Island Clean Line (RICL) is not a public utility. On August 10, 2016, the Illinois Third District Court of Appeals, also unanimously, had reversed the Order of the Illinois Commerce Commission that granted a certificate of public convenience and necessity to Rock Island Clean Line, and remanded the cause to the Illinois Commerce Commission (ICC) with directions to enter an order consistent with its decision.
William Shay, lead attorney for appellant Illinois Landowners Alliance (ILA), said, “In a carefully-reasoned and well-written opinion, the Illinois Supreme Court agreed with the Illinois Landowners Alliance, the Farm Bureau, and ComEd that Rock Island does not meet the definition of "public utility" under our state's Public Utilities Act, and therefore does not qualify for a certificate to construct the project as a public utility project and conduct business as a public utility in Illinois. The Court noted that nothing stops Rock Island from seeking to develop its project as a private facility, but it will not have public utility status, including the right to condemn landowner easements through eminent domain.”
Mary Mauch, Illinois Landowners Alliance (ILA) Executive Director said, “From the very beginning of Block RICL and the ILA in 2012, we have firmly believed that RICL does not qualify as a public utility and is absolutely not entitled to use the power of eminent domain. RICL’s foray into eminent domain for private gain has served to raise the public consciousness against these kinds of projects and unite communities to create strong opposition to them. We are thankful for the support and collaboration with the Illinois Farm Bureau and ComEd, and we are especially grateful for each and every person who sacrificed their time and hard-earned money to protect our landowner rights.”
“Our legal victory today is for all land owners in this state,” said Curt Jacobs, an ILA board member. “The courts have affirmed the precise wording of the law and has relieved a great amount of stress from all the landowners in the scope of this project. We would like to thank everyone who has been a part of this lengthy battle and highly anticipated decision. ”
Illinois is the second state to effectively shut down the RICL project. Iowa legislation in early 2017 prohibits “merchant lines,” such as RICL, from having condemnation power to take private property by eminent domain.
Carolyn Sheridan, president of Preservation of Rural Iowa (PRIA) stated, “Landowners across Iowa rejoice with our Illinois neighbors. Our grassroots organizations have worked together for over four years to protect private property rights. This is clearly an example of large groups of people coming together for a common goal. We are proud of our accomplishments and will continue to promote and protect these rights.”
Susan Sack, grassroots leader, said, “This is a clear victory for private property rights in these troubling times of land grabs for private gain. While it may appear at first glance that the system is stacked in favor of billionaire-backed private spec projects, it is inspiring to see that the little guys can unite to score big victories! The greater problem of private spec companies thinking they are entitled to our private land through eminent domain is a growing problem that needs to be stopped. Together we are stronger!”
The Illinois Supreme Court Opinion can be viewed here: http://www.illinoiscourts.gov/.../Supre ... 121302.pdf
Block RICL simply started in July 2012 with signs that flew up across LaSalle County and quickly spread across the proposed RICL route. The original intent to spread awareness about the proposed project quickly grew into a large-scale grassroots organization. The Illinois Landowners Alliance was formed inOctober 2012 to specifically unite more than 300 landowners, representing more than 100,000 acres, in the legal battles starting with the Illinois Commerce Commission (ICC) and later through the Illinois Appellate and Supreme Courts. This model of statewide, unified legal opposition to Clean Line Energy and other private spec projects seeking eminent domain has since spread across many other states.
Rock Island Clean Line was a 500-mile high-voltage direct current electric transmission line that was proposed to run from northwestern Iowa to northeast Illinois. It is owned by Clean Line Energy Partners of Houston, Texas, who is also developing at least two other transmission projects to capitalize on moving energy from the Midwest into expensive eastern electric markets. Clean Line is currently supported by financial contributions from private investors while it struggles to get any of its projects constructed to generate revenue.
CONGRATULATIONS and THANK YOU to ALL!!