Hampshire Landowners Question MARL Route Plans at Charleston Hearing

Day three of testimony for the Mid Atlantic Resiliency Link project began with questions about land agent conduct.

Sarah Powers, senior director of development at NextEra Energy Transmission, told the Public Service Commission that an employee of Lone Star Land Services was fired after using coercion with a landowner. The agent had told the property owner they would face a restraining order on a portion of their own land so the area could be surveyed and appraised.

Powers said the employee was terminated immediately and described the training and code of conduct that land agents agree to when hired. She said the company sent agents out before a certificate for the project was issued to answer residents' questions early. Powers said more than ten land agents are working in West Virginia, and a significant number were either born in the state or now live there.

Hampshire County resident Lance Evans owns 226 acres along the MARL route. He raised concerns about restrictions in the property agreement, including a proposed staging area on his property that he said was not mentioned during negotiations. The agreement also includes provisions on firearms and hunting. "All that paragraph tells me is that I have no control over my 226 acres of ground during hunting season, and it also tells me I have to call and tell you who's hunting my property," Evans said. "In West Virginia, I'm sorry, but that won't cut it." Powers responded that every easement agreement she has seen includes some modification at a landowner's request, and said the hunting provision exists because "we don't want to get anybody shot."

Hampshire County resident Scott Martini testified the proposed line would run about 39 feet from the home he shares with his wife. Existing transmission lines sit near the property, and the MARL is planned on the residential side rather than the far side. Martini said he asked a land agent why the line was routed near homes, and the agent replied that it was cheaper to pay landowners than to redesign the line. Martini said the agent did not disclose a blowout zone, additional right-of-way for sway in high-wind conditions, or a pad for a structure while asking the family for a settlement figure. "He wanted us to agree to something before we knew anything," Martini said.

Hampshire County resident John Wotring told Powers that many landowners along the route will not support the project because of how it changes the landscape. "You're going over some of the most pristine natural land that God ever put on the face of this earth and that carries a lot of value to a lot of people," Wotring said. Powers said the company will compensate property owners affected by construction or operation of the MARL regardless of land use. Testimony continues at 9 a.m. Thursday.

Powers testified that she cannot answer every question and referred property owners to a hotline for help.