Otter Tail Power and Missouri River Energy Services are constructing a new double circuit 345kv High Voltage Transmission line to connect with an existing substation in South Dakota. The lines will run from Grant County to Alexandria, Minnesota. In October of 2024, the Minnesota Public Utilities Commission approved the Certificate of Need for the Big Stone South to Alexandria project (Big Stone Project).
An administrative Law Judge (ALJ) signed Findings of Fact and Conclusions of Law on February 18, 2026, recommending the Public Utilities Commission approve the Big Stone Project’s Preferred route. The preferred route will be an estimated 92.2 miles long.
The proposed route will impact five counties: Big Stone, Douglas, Pope, Stevens, and Swift. Currently, the project plans to include an estimated 525-575 transmission structures which will range from 90 to 180 feet in height. The Project is expected to request the route be given an approximate 1000-foot width, but this may vary.
The Public Utilities Commission (PUC) will determine if it will issue a Route Permit. Once approved the Project must acquire real property, usually in the form of easements that are typically 150 feet in width. The Project will exercise the power of eminent domain (taking) if it does not settle with individual landowners to acquire these easements.
Each landowner has their own unique damages as a result of a taking, as well as from the construction of the powerlines on their property. Agricultural owners may have damages related to tile, crop, soil compaction, aerial spraying, or irrigation. Most landowners are also likely to suffer a loss of value to the remaining property outside the easement area. This means the Power Company must pay landowners not only for the land taken for an easement, but also for the reduction in value to their remaining property.
It is vital for landowners to hire an experienced Condemnation appraiser. These types of appraisals differ from regular appraisals. Landowners will be entitled to be reimbursed at least some of the appraiser’s fees, depending on various factors. Experienced counsel can help landowners connect with such an appraiser. The landowner is ultimately responsible for hiring the appraiser.
Landowners also need experienced legal counsel to assist them in maximizing their damages. In some cases, the power company must reimburse at least part of the attorney fees. Some landowners may wish to exercise their right to require the power company to purchase their entire property. This is commonly called a “Buy the Farm” option. You do not need to own a farm to make this election. Landowners should retain experienced legal counsel as soon as possible, as there are statutory procedures and deadlines that must be followed.
It is important to work with an attorney experienced in eminent domain matters who can assist landowners through the entire process from hiring an appraiser to final resolution. If your land is in the path of the line, please contact attorney Michael Rajkowski with Evenson Decker, P.A. at 320-253-7130 or [email protected] to schedule a free initial phone conference. With more than 37 years of experience, Attorney Rajkowski has successfully argued and won “Buy the Farm” cases before the Minnesota Supreme Court and is ready to zealously advocate for you as a landowner.