'Buy the Farm' ruling puts utility on hook

Published on NewsOK Modified: August 15, 2014 at 6:02 pm •  Published: August 15, 2014
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ST. PAUL, Minn. (AP) — A small organic dairy in southern Minnesota has prevailed in forcing a buyout by a utility that's building high-voltage power lines along the property.

The case involving the Cedar Summit Farm near New Prague was seen as an early test of Minnesota's revised "Buy the Farm" law. The ruling, made public Thursday by Scott County Judge Caroline Lennon, applies only to that farm, but other landowners preparing their own legal fights along the route of the CapX2020 line from South Dakota through Minnesota have been watching closely.

David and Florence Minar elected to force a purchase of their legacy farm rather than operate under the new power lines. Lennon ruled they were within their rights to do so and now the utility is on the hook for possibly $1.4 million or more once the case moves into an appraisal phase.

"We're very relieved," David Minar, 73, said Friday. "We're so glad the judge saw the common sense of the law that was intended to help us get out from under the power line."

Minar was born on the farm and says it will be extremely difficult to leave it behind. But he and his wife are searching out new locations to carry on the dairy operation they hope to pass down to their children and grandchildren. It could take years, as wherever the relocate to must be certified as organic and have enough room for 130 cows to graze, a milking parlor and a creamery where they can sell their products on site.

Minnesota's "Buy the Farm" law is supposed to give landowners recourse when utilities try to acquire part of their property for power lines by requiring a fair price if the owner chooses to transfer rights to the parcel. The utility can object, like CapX2020 did in this case.

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