This map details the location of the new power line which will largely follow the existing line.
(Photo provided by NIPSCO)

Indiana Farm Bureau Inc. hosted a public meeting Thursday night to discuss the options, or lack thereof, that property owners along the new Topeka-Reynolds NIPSCO line have. (See related story)

The 2-hour meeting included a long discussion on the legal process for ensuring fair prices for property easements for those whose property will be needed by  the utility company. Another message was also conveyed to the audience that was disheartening to many. That message was that, regardless of how a property owner feels about selling NIPSCO easements on their property, fighting against the power line is almost entirely futile and its construction is imminent.

According to Robert W. Eherenman of Haller & Colvin  PC, a law firm out of Fort Wayne, Indiana Statute 3224 provides utility companies, among others, the ability to condemn and purchase property regardless of the property owners consent.

“I’m not here to candy coat it. Even if you make an argument and find a lawyer to take the case, the judge will thank you and would say, ‘We’re now assigning the court appraisers.’ NIPSCO is allowed to decide how they want to construct this line and I’d be giving you false hope to tell you you could find a lawyer to take a class action suit. This is a business decision. NIPSCO will keep moving forward with this line,” stated Eherenman.

Justin Schneider, staff attorney with Indiana Farm Bureau seconded Eherenman’s message stating that, though there are avenues to file a complaint against the company, there is very little anyone can do to stop the construction of the line.

Although Eherenman was firm in his statement, many still had difficulty accepting the statement. Several community members noted that the power line that is already in existence is only at half its capacity and questioned why that line could not be used at its full capacity instead of constructing a new line. However, according to Schneider, who has been in contact with NIPSCO, the power company insists it needs two new circuits and the current line can only hold one.

Eherenman and Schneider provided community members with information about how to assure they are able to negotiate a fair price for their land. According to Eherenman, it is imperative that property owners entering into negotiations with NIPSCO attain an appraisal of their property before NIPSCO supplies theirs. Eherenman said that will allow property owners to know whether or not they are receiving a fair cost for their land.

Eherenman also noted property owners need to know who is on their property deed as all who are noted will have to agree to a settlement. According to Eherenman, the company must make an offer in writing at least 30 days before they can go to court.

Once property owners receive the written offer, they are to enter into negotiations and NIPSCO must negotiate “in good faith.” Should they be unable to reach an agreement, NIPSCO will be forced to provide a settlement offer at least 45 days before they go to trial. Once in trial, the court will assign three court appraisers to assess the true property value.

For more information about fair prices for your land, or for questions about the process, you may reach Eherenman at 260-426-0444 or by email at [email protected]. Schneider may be reached with questions or comments by phone at 317-692-7835 or by email at [email protected].