Apr. 20--Utility companies would be able to condemn public land in Wisconsin under legislation planned by Rep. Phil Montgomery, R- Ashwaubenon.

His proposal is a direct response to Douglas County's February decision not to talk to American Transmission Co. about allowing the Arrowhead-Weston power line across county property.

"The state has approved a much-needed power line that would run from Arrowhead to Weston. It is being held up," Montgomery said Tuesday. "Douglas County is holding up a line that's vital to the state's goal of reliable, affordable, safe energy." Montgomery, who is looking for co-sponsors, plans to introduce the legislation next week.

"It is a horrible bill," said Rep. Frank Boyle, D-Superior. "The message that it sends is that one company can usurp the authority of local control from all 72 counties in the state forever. I'm opposed to it, and I am sick and tired of being bullied by American Transmission Co." But Mark C. Williamson, ATC vice president of major projects, disagrees.

"Having a process where one branch of government spends years making a decision and then another branch says 'No thanks' is an utter waste," he said.

Wisconsin's Public Service Commission authorized the 210-mile Wisconsin section of the high-voltage power line in 2001 and, after cost estimates increased dramatically, again in 2003.

Utilities in Wisconsin have the right to condemn private property along the route of an approved power line, but not public property.

The state-approved route crosses 13 miles of Douglas County- owned property. ATC believes easements for an existing line allow it, without county permission, to build Arrowhead-Weston on all but 1.5 miles of the route.

Douglas County supervisors voted 15-11 Feb. 2 not to allow ATC to build the line across county property.

"What Douglas County has voted for is to refuse to even talk. That's untenable," Montgomery said, noting there's extensive opportunity for public comment and scrutiny during the state approval process.

"What this bill does is allow us to strike a balance between the state's need to set an energy policy and the needs of the local communities," he said.

Douglas County Board Chairman Doug Finn anticipates Wisconsin counties will oppose Montgomery's bill.

"This has statewide implications, and would really take a lot of authority away from local governments," he said.

Mark Liebaert, a Douglas County supervisor and board member for the grass-roots group Save Our Unique Lands, which opposes the line, also opposes the measure. But he's not overly concerned just yet.

"I guess we see what kind of support there is for it," Liebaert said. "Seventy-two counties have a stake in stopping this legislation. I'm not shaking that it's going to go through." The PSC has ordered Arrowhead to prepare a plan for routing the line around Douglas County property near Oliver.

If approved, Montgomery's legislation would allow a utility to condemn public property if it and the local government can't reach a purchase agreement in 180 days. The condemnation would also make the local government ineligible to receive a one-time environmental impact fee payment.

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