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already discussed with me what they are considering doing if the Commonwealth approves the Domimon/Allegheny proposal. One action under consideration is to apply to die courts, apparently on several grounds, to vacate their easements, because State agency action approving the power line would render the easements “not any longer valid for their original purposes.” I have no opinion at this time as to the likelihood of success of such a petition, but mention it to indicate the level of distress over the proposed power line and the types of measures that approval will trigger that will undermine the easement program.
Landowners along the existing power line with open space easements will likely also claim that the proposed second power line industrializes an area where land values have been enhanced by a program designed to protect the rural and natural landscape. By so severely altering the landscape, the new power line will also undermine the land values based on the protection of that landscape. The landowners will draw the obvious conclusion that State refusal to defend the easements will open the way for intensive land “development.” So, they will likely argue (as a number already do) that they should be allowed to share in any economic benefits of the altered situation.
If the Commonwealth acts to approve the Dominion/Allegheny power line, I foresee landowner appeals to the courts to sort out how all of the parties legally relate to one another and how economic benefits shall be divided. It may well take the judicial system some time to find all the necessary findings and resolve all the issues. However long it takes, the process itself will likely harm the entire easement program.
Related issues
It is my opinion that any
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