The 24-page ruling on Aug. 14 from Scott County District Court Judge Caroline Lennon involving the CapX2020 power initiative and Minnesota’s “Buy the Farm” law provides several important points worth noting as CapX and affected landowners consider their respective next moves.

The most important statement the case of David and Florence Minar of rural New Prague makes is it marks the third major legal development in the past 16 months that stands firmly on the side of affected property owners.

In May 2013, the Legislature amended the 1973 law to force utilities to buy entire properties, not just easements. And shortly after that, the state Supreme Court ruled landowners who chose the Buy the Farm option are entitled to additional compensation for relocation expenses and the cost of buying a comparable property.

Lennon’s ruling, which could be appealed, essentially cites the court ruling and those legislative changes in determining Buy the Farm applies to the Minars. CapX must pay its $1.4 million estimated value.

CapX had sought an easement to construct two towers covering about about 1 acre of combined area on the Minars’ 132-acre dairy operation. However, Lennon ruled the construction and towers would negatively affect the Minars’ 100 percent grass-fed dairy operation known as Cedar Summit Farm.

Indeed, one of their sons testified the project made him decide to not buy the farm from his father and carry on the family-run business.

While the ruling is a big victory for the Minars, it’s unclear how it will affect other potential claims.

Lennon noted the operation’s uniqueness and quoted the Supreme Court’s statement that, “In each case, reasonableness is determined under a totality of the circumstances.” Among factors considered are the farm’s use and products, its years in operation, who (if anyone) lives on-site, effects on the rural landscape, and whether the purchase burdens the utility.

This ruling favors the Minars because the family has operated the farm for seven decades, and it now produces and sells organic products on site. Not only could consumers view those products negatively if a power line is erected, but Lennon noted CapX has been able to buy and sell other properties for the line with no burden to the utility.

Obviously, this ruling won’t end all the legal battles between landowners and CapX. It does, though, reiterate the importance of providing fair compensation to landowners with limited, if any, options.

— St. Cloud Times, Aug. 20