Sens. Marshall, Moran, Rep. Mann Introduce Legislation to Protect Kansans’ Private Property Rights

This Legislation would prevent federal government from seizing land for proposed transmission corridor

Washington, D.C. – U.S. Senators Roger Marshall, M.D. (R-Kan.), Jerry Moran (R-Kan.) and U.S. Representative Tracey Mann (R-Kan.) introduced legislation to prevent the federal government from using taxpayer dollars to seize private property to be used for electric transmission lines.

The Department of Energy (DOE) recently announced a National Interest Electric Transmission Corridor (NIETC) proposal to consider building a transmission line across Kansas. By designating land as part of a NIETC, the Federal Energy Regulatory Commission (FERC) would have new authority to site electric transmission lines.

The Biden administration’s Infrastructure Investment and Jobs Act allows FERC to issue permits for transmission lines in a corridor even when state regulators have denied an application.

“Bureaucrats in Washington, D.C. should not have the unchecked authority to approve projects that could strip Kansans of their property rights,” said Sen. Marshall. “It’s as simple as this: decisions affecting local lands should always rest with the states.”

“Kansans have made it clear to the federal government that their land is not for sale,” said Sen. Moran. “The NIETC proposal has been problematic from the start since the DOE permitted only 45 days for folks to submit their comments regarding the proposed transmission line. Sen. Marshall, Congressman Mann and I introduced legislation, the passage of which would prohibit the Department of Energy from trampling on the rights of Kansas landowners or usurping the authority of state regulators in order to build a transmission line across Kansas. These decisions should be left up to Kansans, not Washington.”

“I am vehemently opposed to any effort by the federal government to seize private land,” said Rep. Mann. “The Department of Energy’s phase 2 announcement of the NIETC proposal was grossly under publicized, overly vague, and left landowners with no clarity regarding whether their lands would be impacted. Senator Moran and I have heard Kansans loud and clear—they are not interested in the federal government grabbing their land. We introduced this legislation to protect the rights of Kansas landowners and prevent the federal government from treading on their liberties. Any land given to the federal government for this project should be voluntarily, not mandated, and I will never stop fighting to defend that right.”

“Kansas Farm Bureau appreciates the leadership of Sens. Jerry Moran and Roger Marshall and Rep. Tracey Mann in introducing legislation to level the playing field and encourage good faith negotiations for the siting and building of electric transmission lines,” said Joe Newland, president of Kansas Farm Bureau. “Additionally, this bill recognizes the important voice state regulators have in the process. While our policy supports reliable, low-cost electricity, and increasing transmission capacity to keep pace with growing demand, without vital protections included in this legislation, landowners will continue to face unilateral ultimatums from transmission developers who are using taxpayer dollars to build infrastructure.”

This legislation would:

• Ban federal funds from being used to condemn private property to be used for electric transmission lines, and
• Prohibit FERC from using its authority to overrule a state regulator’s rejection of an electric transmission project.

Sens. Marshall and Moran and Rep. Mann secured an agreement from the DOE to continue accepting comments regarding the NIETC proposal in Kansas. If a Kansan would like to offer comments on the proposed transmission line to the Department of Energy, they can email their comments to NIETC@hq.doe.gov.