What's the difference between a federal and state private property eminent domain take?
Spoiler alert: The difference is who gets to GRIFT
Happy New Year! We are gearing up for a great 2025. I hope you will stay in touch and keep involved because I have interesting information to share about our plight in mandating transparency and sound transportation policy and fiscal practices at the Oklahoma Turnpike Authority and strengthening our private property rights. Your emails and tips last year about some of the topics in this substack helped us dig even deeper, and I hope that dialogue continues!
In addition, the citizen advocates at Oklahomans for Responsible Transportation have proposed some amazing guardrails to our state statutes to reign in the OTA’s unfettered powers, protect our private property rights and force government transparency - and we will need your help getting those bills passed into law.
But before I start talking about Oklahomans for Responsible Transportation’s bills coming up this session, I wanted to let you know about another group in Oklahoma that is fighting the same battles for private property rights that we are fighting: Save Oklahoma Farms and Ranches. They are having a Capitol Rally on Tuesday, January 7th from 9:30 am - noon on the 4th floor rotunda with several great speakers; speakers who have supported us and our fight to shore up private property rights.
I encourage you to join their Facebook page and learn about their plight and how similar it is to ours - because we can help each other.
This group has recently come together after an attempted land grab by the federal government and international private entities for electric transmission lines (and here) and wind turbines.
We want the same thing: to protect ALL citizens’ land from eminent domain takings - whether it is federal or state initiated - whether it is for a wind or solar farm, transmission line or turnpike.
The Save Oklahoma Farms and Ranches grassroots group should be interested in initiative petitions for major eminent domain (and OTA) reform. PIKE OFF OTA and the Oklahomans for Responsible Transportation has been in this fight for almost three years. It would be great to have private property rights grassroots advocates from around the state join together into an even louder voice to be reckoned with.
*All pictures of the signs were taken by me along SH177 on January 3, 2025.
Now that Oklahoman’s private property rights all over the state are under threat of eminent domain by wind and solar farms, power transmission lines, pipelines and turnpikes, maybe we have enough momentum to force sweeping citizen protections from eminent domain in our state statutes.
Obviously just a turnpike paving over 600 homes hasn’t been able to move the needle.
Because private property rights *SHOULD* be the foundation not only of prosperity but of freedom itself.
And it shouldn’t matter WHAT entity is doing the taking - federal, state, public-private-partnerships (PPP) or private companies.
But *SOMETHING* has made the legislature finally speak up and write a house concurrent resolution (HCR1001) that states specifically that
WHEREAS it is contrary to the interest of the State of Oklahoma and the interests of private landowners to be forced to surrender their real or personal property or both pursuant to condemnation powers.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 1st SESSION OF THE 60th OKLAHOMA LEGISLATURE, THE SENATE CONCURRING THEREIN:
THAT the Oklahoma House of Representatives and the Oklahoma State Senate are committed to take all legislative action available to prevent the establishment of said 18-mile wide corridor or any other such corridor regardless of its width which would condemn and confiscate private property to locate high voltage electric transmission lines, wind turbines or solar energy farms.
THAT the Oklahoma House of Representatives and the Oklahoma State Senate commit to taking such actions that may be required to prevent impairment to the beneficial use of such private property resulting from the facilities themselves, any associated easements for construction, operation or maintenance of such assets or that would otherwise interfere with the unrestricted exercise of private property rights by affected property owners.
How awesome would this resolution be if they *just* added the word TURNPIKE in the first paragraph? You think they’d go for it? Nah.. because Oklahoma sponsored grift trumps federally sponsored grift. Every.Single.Time.
But what power does a House Concurrent Resolution have anyway? I really don’t know, so I’d be interested to hear what the purpose of it is. Policy stance for future legislation?
Proposed Transmission Corridor(s) Slashing Through Oklahoma
There seems to be two different transmission line projects proposing to slash and burn their way across Oklahoma.
Invenergy, a Chicago based company, is developing a Cimarron Link to deliver new renewable energy supply from the Oklahoma Panhandle to load centers in eastern Oklahoma and they were selected to enter award negotiations for a $306 million capacity contract as part of the US Department of Energy’s (USDoE) Transmission Facilitation Program (TFP) Selections. From the USDoE’s website, the TFP is “an innovative revolving fund program that helps overcome the financial hurdles facing transmission development.”
Those are government code words for GRIFT.
This Cimarron Link seems to be the former Wind Catcher line proposed by Invenergy back in 2017. The Oklahoma Corporation Commission (OCC) never got a chance to vote on it because Texas regulators voted against it and Invenergy cancelled it prior to an Oklahoma vote.
Why are federal taxpayer dollars being used for PRIVATE PROFITABLE COMPANIES? And why would our constitutional republic allow the stealing of citizen land to construct the line?
As of late December 2024, this project is still online.
There was another proposed line called the Delta-Plains line, which was a 645-mile long corridor described as “an interregional corridor between the Southwest Power Pool and Midcontinent Independent System operator.” The Delta-Plains line was one of ten potential National Interest Electric Transmission Corridor (NIETCs) unveiled by the Biden administration back in May of 2024.
But on December 14, 2024, this particular corridor seemed to be scrapped and the Governor celebrated.
Kevin Stitt responded on X (formerly Twitter):
Um… Excuse me?
If Governor Stitt was really being honest, I think his post should have said:
Step back Biden. Trampling on the citizens’ private property rights and grifting on the backs of Oklahomans is MY job. Call me, so we can figure out a way to make it a state-sponsored grab, just like how the Oklahoma Turnpike Authority does it. Or should I reach out to Trump?
That’s better right?
I mean.. let’s be honest about it. How can our governor be so adamantly against the use of eminent domain for a federally sponsored program but be PUSHING THE BIGGEST EMINENT DOMAIN TAKE IN THE STATE’S HISTORY in the hands of the Oklahoma Turnpike Authority in the same breath?
I believe that ANY EMINENT DOMAIN TAKE IS WRONG and so I was heartened when the Oklahoma Legislators took the initiative to not only agree publicly that a proposed public-private transmission line should not be allowed to come into our state and take our citizen's land, but also draft HCR1001.
It is our job to make sure they don’t stop here. They must understand that a state eminent domain grab is just as bad as a federal land grab.
Oklahoma Legislator Pushback against federal landgrabs
This 18-mile wide transmission corridor from Texas County to Tulsa resulted in a firestorm of legislative statements. The letter is talking specifically about federally sponsored projects that use the National Interest Electric Transmission Corridor (NIETC) Designation Process to expedite and streamline building and expanding electric transmission.
I would imagine that designating corridors to “unlock federal tools to accelerate transmission deployment,” converts the land to federal jurisdiction, triggering NEPA, Uniform Relocation Act, and other federally sponsored programs that are supposed to protect the land, water and citizens who own the land - but as we’ve learned with the Oklahoma Turnpike Authority permitting processes - that can be a big joke. More on that in the coming weeks.
Please read these letters with a discerning eye. Language matters.
Did you catch it? This letter is all about “left” versus “right” and that the new president “will better understand and respect private property rights….”
Nonsense.
If EVERYONE in power really cared about private property rights they would be outraged EVERY TIME an entity tried to take any land away from private citizens. Not just selectively depending on what administration is in power or if the taking was federally or state sponsored.
The Oklahoma Turnpike Authority, a state sponsored public-private-partnership (PPP) is going to pave over 600 + houses and wreck thousands of acres of Cross Timbers habitat, farm and ranch land and the drinking supply for three municipalities.
Does that not expressly warrant the same type of outrage shown by the legislators with a federal land grab?
Stop falling for it. There is GRIFT on both the left and the right. The form just changes. The “other side” sits around and waits for their turn while the party in power takes their fill - all while stealing from the common citizen.
Then on December 16th another statement came out. Again - all about “feds under the Biden-Harris regime,” and the “Green Deal scam.”
First of all, why are they ONLY focused on the Delta-Plains Corridor? Why haven’t they mentioned the Invenergy Cimarron Link Project (or others)? Why haven’t they listed the industrial wind farms in Lincoln County? Why haven’t they listed the solar farms? Why haven’t they listed the turnpikes?
Why have their never been these types of decisive, joint statements against the proposed Oklahoma Turnpike Authority (OTA) eminent domain takings?
Why has the legislature never written a resolution against the turnpikes?
Doesn’t it seem really strange? Like there is all this public facing grandstanding, but behind the scenes, palms are being greased and then the projects will miraculously come back on line in a different form with state-sponsored grifters galore.
Here’s what you have to remember and add to your elevator speech on eminent domain protections in Oklahoma.
Don’t let the OTA or the politicians fool you. Even though Oklahoma law provides more eminent domain protections than federal law by rejecting “economic development” as a valid reason to use eminent domain (2006 Board of County Commissioners of Muskogee County v. Lowery), the proposed new turnpikes ARE an “economic development” grift disguised as an “essential transportation infrastructure” project.
The Oklahoma State Supreme Court concluded that “our state constitutional eminent domain provisions place more stringent limitation on governmental eminent domain power than the limitations imposed by the 5th Amendment of the U.S. Constitution. To permit the inclusion of economic development alone in the category of “public use” or “public purpose” would blur the line between “public” and “private” so as to render our constitutional limitations on the power of eminent domain a nullity. If property ownership in Oklahoma is to remain what the framers of our Constitution intended it to be, this we must not do.”
Protecting Private Property Rights
Private property rights can be tied back to the Declaration of Independence through its core principles of individual liberty, government accountability, and the pursuit of happiness.
Life, Liberty, and the Pursuit of Happiness: The Declaration asserts that these are unalienable rights endowed by the Creator. Property ownership supports these rights by providing individuals with autonomy, security, and a means to build wealth and sustain livelihoods, which are foundational to personal happiness and freedom.
Government’s Role to Secure Rights: The Declaration states that governments are instituted to secure individual rights, deriving their powers from the consent of the governed. Respecting and protecting private property ensures that government actions remain accountable and that individual rights are not unjustly sacrificed for state interests.
Protection Against Tyranny: The Declaration emphasizes resisting arbitrary power. Ensuring strong private property rights limits government overreach, reflecting the Founders' intent to create a system where power is checked, and citizens are shielded from unjust expropriation.
Equality and Opportunity: By affirming the right to property ownership, society promotes equal opportunity and the dignity of personal effort and success, aligning with the Declaration’s call for equal treatment and justice for all individuals.
These principles underscore that private property rights are not just economic considerations but essential components of the freedoms the Declaration of Independence sought to guarantee.
Taking citizen’s homes through state sponsored eminent domain leads to the same outcome as when the feds come in and do it, right?
Inadequate Compensation: Property owners often receive "just compensation" based on market value, which may not account for sentimental value, relocation costs, or lost income.
Loss of Home or Business: Being forced to leave a home, business, or farm can disrupt lives, sever community ties, and cause emotional distress.
Economic Displacement: Relocation can lead to increased living or operating costs in new areas, particularly if affordable housing or comparable business spaces are scarce.
Loss of Future Opportunities: The value of property can grow significantly over time; losing land may mean forfeiting future potential gains.
Disruption of Livelihoods: Farmers, ranchers, and small business owners may face disruptions that harm their livelihood, especially if the property is integral to operations.
Environmental or Health Impacts: Infrastructure projects may lead to noise, pollution, or other environmental issues near remaining property, lowering its value or making it less livable.
Erosion of Property Rights: Frequent or broad use of eminent domain can create a precedent, making other property owners vulnerable to future takings.
Community Fragmentation: Projects that displace residents or businesses can weaken community cohesion and erode local culture or heritage.
Legal and Financial Burden: Challenging eminent domain decisions in court can be expensive, time-consuming, and emotionally taxing, with no guarantee of success.
Underutilization of Land: Post-taking projects sometimes fail to meet promised objectives, leaving taken land underutilized or wasted, compounding frustration for displaced owners.
Again, I ask. What’s the difference between a “federal land condemnation” and when the Oklahoma Turnpike Authority (OTA) (or another state entity) uses the state’s sovereign power of eminent domain to take its citizens’ private property?
We have to continue to educate our legislators about what eminent domain really entails and why ALL USE OF EMINENT DOMAIN must be curtailed in our state.
Please consider attending the Save Oklahoma Farms and Ranches Capitol Rally on Tuesday, January 7th at 9:30-noon. It will take everyone we can muster to push back against the increasing amount of land-grabs from all sides.
