RICL filed a Third Bifurcation Motion with the Iowa Utilities Board
On Monday November 30th RICL filed a motion with the Iowa Utilities Board that is very similar to the two previous bifurcation motions that were filed and denied by the IUB.
Clean Lines states the following at the beginning of the document.
"Clean Line's proposed schedule contemplates a single proceeding in two phases. The first phase, as described in detail below, considers issues related to the Project as a whole, including the -2- necessity of the Project to serve a public use, the relationship of the Project to an overall plan of transmitting electricity in the public interest, the appropriate route for the Project, and whether Clean Line is eligible to utilize the right of eminent domain generally (not an actual grant of eminent domain rights, but rather a legal determination of its eligibility to utilize the same if necessary). The second phase, as further described below, considers parcel-specific eminent domain issues only with respect to those parcels on which Clean Line has not yet, at that time, successfully negotiated a voluntary easement."
When this motion was filed our organization and legal team immediately began working on understanding this motion which appears to be another attempt at separating the franchise process. This would be a negative for all landowners. Currently we are preparing our
resistance response motion that we will file with the Iowa Utilities Board. This resistance motion will be filed on behalf of all landowners in all 16 counties across the state. The document will be available to you at the time of the filing and you will receive it from the IUB if you have filed objections electronically. We will also forward it to you in an email newsletter.
Below is additional Information on previous bifurcation motions, PRIA resistance motions and the IUB rulings denying those motions.
First Bifurcation Motion October 13, 2013
Second Bifurcation Motion December 8, 2014
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