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TrAIL files petition to acquire Frederick land for transmission line
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By Alex Bridges -- abridges@nvdaily.com
WINCHESTER -- The firm building a 500-kilovolt power line through several states claims it needs to gain access to land in Frederick County to do so.
The Trans-Allegheny Interstate Line Co. filed a petition in Frederick County Circuit Court on Wednesday for condemnation of an easement for the electric transmission line and an early right of entry on 1.79 acres of land near Hunting Ridge Road in the Back Creek District.
The Maryland-based firm states in its filing that it has authority under state code to take the property "by exercise of eminent domain" which includes work related to the building of the transmission line.
TrAIL is a project approved Oct. 7, 2008, by the Virginia State Corporation Commission that calls for an electric power transmission line to be built from Pennsylvania, passing through West Virginia and Virginia, where it would connect to the Meadow Brook substation and continue to a facility in Warren County.
The SCC determined a need existed for the power line in order to prevent what Allegheny Power and Dominion Power called an anticipated shortage of electricity for the mid-Atlantic region.
TrAIL seeks the right to keep the right of way clear and to have ingress and egress over the property. The respondents and their heirs would have the right to use the easement, the petition states. TrAIL shall repair or pay for damage to fences, roads, crops or other improvements either inside or outside the right of way, according to the petition, when such damage results from the exercise of the company's rights obtained through the court action.
The respondents listed in the petition own approximately 20 acres, according to Frederick County records. However, none of the respondents live in Frederick County. Respondents are Richard A. Barnes, of Palm Bay, Fla.; Edward D. Barnes, of Chester; Elizabeth J. Shupe and Elmer Jantry Shupe Jr., both of Kingsport, Tenn.; and Theresa J. McGirr, address unknown.
The petitioner searched records to determine the heirs of Elmer Jantry Shupe Sr. and Lillian B. Barnes as well as the owners of the property, the document states. However, the petitioner has not been able to make a bona fide effort to all respondents since neither McGirr's address nor the heirs-at-law of Elmer Shupe Sr. are known, according to the filing.
The SCC order requires the petitioner and Dominion Power to build the power line and place it in service by July 1, 2011. The petitioner states, in its request for an early right of entry, that it must obtain access to the site to begin work as soon as possible.
TrAIL states that it is impossible for the condemnation proceeding to be fully litigated. Nor can any appeals be resolved while still allowing TrAIL time to complete the project, the petition states.
The petitioner has asked that the court appoint a guardian ad litem to represent and protect the interests of unknown and unidentified respondents; that the estates, interests or rights described in the petition be condemned and title be vested in TrAIL; and that compensation of such rights acquired be ascertained and awarded.
TrAIL is represented by Winchester-based attorney H. Edmunds Coleman III.
Here we are again..
This is another project that was egnored by the government that citizens did not want any part of,but they do it any way.
This only thing that is for sure is that people will be forced to sell their homes at a great loss and your electric bill will go up and not down.
Although the Washington DC area will benefit from this and don't you think that is just great?
We suffer for the benefit of others to get more money in their pockets.
These are you Local government people letting them walk on you to benefit them..
Imagine That...