EATTLE,
May 14 — Western Republicans and property-rights groups,
after years of fighting environmentalists over restrictions on
land use, are gearing up to oppose the Bush administration on
an issue at the heart of regional fears about overreaching
federal power.
President Bush's energy plan, set to be released on
Thursday, is widely expected to include recommendations to
allow the federal government to seize private property, using
eminent-domain authority to place new electric transmission
lines, administration officials say.
But any plan to expand the federal government's ability to
condemn private property is likely to run into heavy
opposition in a region that has long been staunchly
Republican.
"Private property is sacred property," said Sarah
Berk, a spokeswoman for Senator Larry E. Craig, Republican of
Idaho, who was instrumental in stripping out a federal
eminent-domain provision from a Senate energy bill earlier
this year. "Senator Craig definitely feels this issue is
best left up to the states."
In recent days, Vice President Dick Cheney has spoken of
the need to give the federal government authority to condemn
private property to ease the way for thousands of miles of new
power lines — something that would require the approval of
Congress.
This authority is now granted for placing natural gas
lines, but not for expanding the electric grid.
Mr. Cheney has not said how hard the administration will
push the idea. But Western governors have been told by federal
authorities that the electric grid needs to be expanded by as
much as 55,000 miles, and that this cannot be accomplished
without granting the Federal Energy Regulatory Commission new
powers to condemn property.
"If it's going to be anything like the trouble we've
had siting natural gas pipelines, I'm worried — based on all
the complaints we've received," said Chuck Cushman,
executive director of American Land Rights, a property-rights
group in Battle Ground, Wash. "It's a dangerous business
giving power of condemnation to any federal agency."
His group has spent years fighting federal agencies like
the National Park Service, and the Forest Service about
everything from park expansion to endangered species. Those
fights — which are usually about restrictions on private
land and do not always involve eminent domain — could pale
when compared with disputes over condemning property for a
huge expansion of power lines.
Several Western governors, among them Michael O. Leavitt of
Utah and Dirk Kempthorne of Idaho — both Republicans —
have already cautioned the Bush administration against any new
federal eminent- domain authority.
The governors say there is a need to build new transmission
lines and towers to satisfy soaring energy demands. But they
are leery of giving condemnation powers to the federal
government — a right the states now use to place their own
power lines.
"That's the kind of solution that gets everyone
nervous and brings out the antifederalist in a lot of
people," Governor Leavitt said last week.
Though most of the West has long been reliably Republican,
and has opposed many initiatives to restrict property for
environmental reasons, government plans to expand freeways,
military installations or nuclear waste sites have scrambled
traditional political positions.
Eminent domain — in which the government condemns a
private property, establishes a fair-market value for it, then
pays the property owner that price — is usually evoked for
highways or military facilities.
In Utah, Governor Leavitt faces widespread opposition to
his plan to build a new 120-mile road parallel to Interstate
15 through Northern Utah, called the Legacy Highway, from an
unusual alliance of environmental, farming and community
groups. The groups have cited private property concerns among
their reasons for opposing the freeway.
In Idaho, Governor Kempthorne, like Senator Craig, said he
believed eminent-domain authority for electrical transmission
lines should be left to the states. Mr. Cheney has complained
that the tangle of different state jurisdictions has made it
difficult to plan and locate power lines that unite entire
regions.
Not all property-rights groups are opposed to enhanced
federal authority. Nanci Marzulla, who heads Defenders of
Property Rights, a group in Washington, D.C., which has filed
many legal challenges to environmental property claims, said
her organization did not object.
"It's a breath of fresh air having an administration
that wants to buy private property instead of just take
it," said Ms. Marzulla, who advised the Bush transition
team on environmental matters. She was referring to
restrictions on private property, which some critics say
amount to an outright taking of private property without
compensation.
"The power of eminent domain is the inherent power of
the sovereign," she said. "This is something we took
from King George. And the only restrictions our founders put
on it are that the property be for public use and that the
property owner be justly compensated."
Ms. Marzulla added, "We will be watching to make sure
certain things are put in place to protect land owners, but it
sounds like something that will not give us heartburn."
But if the experience of other areas now fighting new
power-line plans are any indication, more than heartburn could
be ahead.
In California, even with rolling blackouts and daily alarms
about the insufficient power grid, a utility's plan to build a
$270 million voltage line through 31 miles of parks, farms,
wilderness and neighborhoods in Riverside County, has sparked
noisy opposition and legal threats.
State energy officials say they always expect opposition
from neighborhood groups to new power lines. But given that
California is in a power crisis, they are surprised at the
depth and fervor of the opposition.
Opponents of the expansion plan say that crackling,
overhead lines strung to towers as tall as 19 stories, would
ruin a community of rolling hills, vineyards and homes that
hark back to a more pastoral California.
"We need to stop this train now before it gets out of
control," said Loma Bosinger, a leader in the group
fighting expanded power lines. "There has to be an
absolute need before you march in and take the home of a
United States citizen.
"This is not wartime," she said. "This is
about greed and expanding profits of energy companies."