Understanding your land rights
High-voltage transmission lines (HVTLs) are a critical part of our energy infrastructure. If a utility company plans to build one on or near your property, understanding your rights as a landowner is essential.
The Minnesota Public Utilities Commission is responsible for approving HVTL routes. The Commission’s goal is to balance the need for a reliable energy system with minimizing harm to people and the environment. The Commission approves a general "route" and a more specific "right-of-way" within that route. The utility will later file detailed plans showing the exact location.
Rights-of-way and easements
A right-of-way grants a utility legal permission to use a specific portion of your land for purposes like building and maintaining a transmission line. This permission is typically formalized through an easement.
An easement agreement is a written legal agreement between you and the utility. It specifies:
- Where the transmission line will be located on your property.
- What the utility can and cannot do on that land.
- What you, as the landowner, can and cannot do on that part of your land in the future.
- Easements are recorded in official land records and remain in effect even if you sell your property.
In some cases, the utility might seek to purchase your land outright instead of an easement, this is called purchasing “fee title.”
“Buy-the-Farm" provision: For certain properties affected by high-voltage transmission lines of 200 kilovolts or more, Minnesota law includes a "Buy-the-Farm" provision. This allows eligible landowners to compel the utility to purchase their entire property, or a designated portion, in fee simple.
Eminent domain
Minnesota law grants utilities, with the Commission's approval, the power of eminent domain (also called condemnation). This means that if a voluntary agreement cannot be reached with a landowner, the utility can legally acquire the necessary property rights (either an easement or full ownership) for the transmission line, even if you do not wish to sell or agree to an easement.
Your rights as a landowner
Professional advice is crucial. This information provides a general overview and is not legal advice. If a utility company contacts you about a HVTL on or near your property, it is crucial to seek advice from your own legal and real estate advisors to understand your specific rights and options. They can provide tailored guidance for your situation.
For more information
For detailed information on eminent domain and Buy the Farm, visit the Minnesota Revisors website at www.revisor.mn.gov and see Minnesota Statutes Chapters 117 and 216I.21.
Fact Sheet: Landowner Rights Factsheet (PDF)