Eminent Domain for this plant is not limited to a dozen seasonal properties adjacent to the proposed site. Without any existing infrastructure on or near the proposed site, all natural gas lines, power transmission lines, railroad spurs and even the Scenic Highway will need to be built from scratch to service the Mesaba Coal Gasification Plant.

The vast number of property onwers who are impacted by the far-reaching effects of emiment domain granted to this project are only becoming aware of it through word-of-mouth. Are you in the route of the Mesaba power plant?

Innovative Energy Project Provisions:
As noted in section 41.8-41.10, the project "has the power of eminent domain which shall be limited to the sites and routes approved by the environmental quality board for the project facilities.".

This is an unprecedented granting of rites to a PRIVATE corporation and its probably unconstitutional. This means that not only will the 12 property owners around Diamond and Dunning Lake be affected, but also every homeowner and property owner in the route between Northern Minnesota and the final destination of the power lines.

Listed below is a portion of a Bill dealing with modifying incentives and objectives for alternative energy development, which was approved in May 2003.
Bill Name: HF0009, Special Session 2003
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0009.2.html&session_year=2003&session_number=1

 40.12                             ARTICLE 4
 40.13                     INNOVATIVE ENERGY PROJECT
 40.14     Section 1.  [INNOVATIVE ENERGY PROJECT.]
 40.15     Subdivision 1.  [DEFINITION.] For the purposes of this
 40.16  section, the term "innovative energy project" means a proposed
 40.17  energy generation facility or group of facilities which may be
 40.18  located on up to three sites:
 40.19     (1) that makes use of an innovative generation technology
 40.20  utilizing coal as a primary fuel in a highly efficient
 40.21  combined-cycle configuration with significantly reduced sulfur
 40.22  dioxide, nitrogen oxide, particulate, and mercury emissions from
 40.23  those of traditional technologies;
 40.24     (2) that the project developer or owner certifies is a
 40.25  project capable of offering a long-term supply contract at a
 40.26  hedged, predictable cost; and
 40.27     (3) that is designated by the commissioner of the iron
 40.28  range resources and rehabilitation board as a project that is
 40.29  located in the taconite tax relief area on a site that has
 40.30  substantial real property with adequate infrastructure to
 40.31  support new or expanded development and that has received prior
 40.32  financial and other support from the board.
 40.33     Subd. 2.  [REGULATORY INCENTIVES.] (a) An innovative energy
 40.34  project:
 40.35     (1) is exempted from the requirements for a certificate of
 40.36  need under Minnesota Statutes, section 216B.243, for the
 41.1   generation facilities, and transmission infrastructure
 41.2   associated with the generation facilities, but is subject to all
 41.3   applicable environmental review and permitting procedures of
 41.4   Minnesota Statutes, sections 116C.51 to 116C.69;
 41.5      (2) once permitted and constructed, is eligible to increase
 41.6   the capacity of the associated transmission facilities without
 41.7   additional state review upon filing notice with the commission;
 41.8      (3) has the power of eminent domain, which shall be limited
 41.9   to the sites and routes approved by the environmental quality
 41.10  board for the project facilities.  The project shall be
 41.11  considered a utility as defined in Minnesota Statutes, section
 41.12  116C.52, subdivision 10, for the limited purpose of Minnesota
 41.13  Statutes, section 116C.63.  The project shall report any intent
 41.14  to exercise eminent domain authority to the board;
 41.15     (4) shall qualify as a "clean energy technology" as defined
 41.16  in section 216B.1693;
 41.17     (5) shall, prior to the approval by the commission of any
 41.18  arrangement to build or expand a fossil-fuel-fired generation
 41.19  facility, or to enter into an agreement to purchase capacity or
 41.20  energy from such a facility for a term exceeding five years, be
 41.21  considered as a supply option for the generation facility, and
 41.22  the commission shall ensure such consideration and take any
 41.23  action with respect to such supply proposal that it deems to be
 41.24  in the best interest of ratepayers;
 41.25     (6) shall make a good faith effort to secure funding from
 41.26  the United States Department of Energy and the United States
 41.27  Department of Agriculture to conduct a demonstration project at
 41.28  the facility for either geologic or terrestrial carbon
 41.29  sequestration projects to achieve reductions in facility
 41.30  emissions or carbon dioxide;
 41.31     (7) shall be entitled to enter into a contract with a
 41.32  public utility that owns a nuclear generation facility in the
 41.33  state to provide 450 megawatts of baseload capacity and energy
 41.34  under a long-term contract, subject to the approval of the terms
 41.35  and conditions of the contract by the commission.  The
 41.36  commission may approve, disapprove, amend, or modify the
 42.1   contract in making its public interest determination, taking
 42.2   into consideration the project's economic development benefits
 42.3   to the state; the use of abundant domestic fuel sources; the
 42.4   stability of the price of the output from the project; the
 42.5   project's potential to contribute to a transition to hydrogen as
 42.6   a fuel resource; and the emission reductions achieved compared
 42.7   to other solid fuel baseload technologies; and
 42.8      (8) shall be eligible for a grant from the renewable
 42.9   development account, subject to the approval of the entity
 42.10  administering that account, of $2,000,000 a year for five years
 42.11  for development and engineering costs, including those costs
 42.12  related to mercury removal technology; thermal efficiency
 42.13  optimization and emission minimization; environmental impact
 42.14  statement preparation and licensing; development of hydrogen
 42.15  production capabilities; and fuel cell development and
 42.16  utilization.
 42.17     (b) This subdivision does not apply to nor affect a
 42.18  proposal to add utility-owned resources that is pending on the
 42.19  date of enactment of this act before the public utilities
 42.20  commission or to competitive bid solicitations to provide
 42.21  capacity or energy that is scheduled to be online by December
 42.22  31, 2006.
 42.23     Sec. 2.  [EFFECTIVE DATE.]
 42.24     This article is effective the day following final enactment.