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Council approves MidAmerican request to acquire easements by eminent domain after public objections
Summary
Council Bluffs approved a resolution authorizing MidAmerican Energy to acquire additional easements by eminent domain for a higher-voltage power line; several property owners objected in public comment and council members urged continued negotiation and responsiveness to residents’ concerns.
The Council Bluffs City Council voted to approve a resolution authorizing MidAmerican Energy Company to acquire property interests by eminent domain to accommodate a power-line upgrade and new circuits along an existing corridor.
Council discussion included a detailed staff explanation of the easement issue, the city attorney’s summary of the eminent-domain process, and back-and-forth between council members and MidAmerican representatives about outreach and outstanding property owners. Council members emphasized negotiation and communications with holdout property owners and asked MidAmerican to continue attempting voluntary agreements where possible.
Several residents spoke during public comment in opposition. Dan Paulus, who said he has lived on Washboard Road for nearly 50 years, told the council he opposed the taking and described confrontations and property damage he attributed to the utility’s work on poles and lines. Paulus said he had planned to develop his land and objected to additional easements; he said he hired an attorney and described prior incidents where utility crews entered his property and left it in disarray. Another speaker (identified in the record as Mr. Polis) spoke earlier and Council members referenced negotiations and outstanding messages returned to MidAmerican negotiators.
City staff and legal counsel described the technical background: older easements in the corridor used non-specific language for “electric line” and the utility now seeks defined easements for larger-diameter poles and additional conductors. City legal counsel explained the typical eminent-domain process: appraisals, negotiation attempts, and, if no agreement, formation of a court-appointed panel with local property-valuation expertise to set compensation. Counsel said the city’s experience is that panels often award property owners higher compensation than initial appraisals.
MidAmerican representatives said the company had secured the majority of easements through voluntary agreement (approaching 68 of 72 properties cited) after about two years of outreach but that a small number of property owners had not agreed. A MidAmerican representative described continuing negotiations; council members asked follow-up questions about access, tree removal, repair of yard damage, and whether communication between MidAmerican and property owners had broken down.
Council members expressing reluctance said eminent domain should be a last resort but that the city also had to weigh system reliability and broader community needs. Council ultimately approved the resolution authorizing acquisition by eminent domain; council members asked MidAmerican to continue negotiations in good faith and to respond promptly to the property owners’ concerns about site access and repairs.
