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Updated: Missouri legislators fast-track bill to block Grain Belt Express use of eminent domain

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-UPDATED

A bill moving quickly through the Missouri House attempts to stop a high voltage, wind energy transmission line designated to run through private property in northern Missouri.

The bill was voted out of committee Wednesday and proponents expect it to be on the House floor within two weeks, with the staunch support of Speaker Elijah Haahr.

“In light of the recent PSC decision on the Grain Belt Express, the General Assembly will act to protect Missourians from private companies trying to seize their land through eminent domain.  The legislation the House is moving forward is vital for many Missourians who otherwise would be forced to allow unreasonable restrictions on their family farms, damaging the value of their land and taking away their private property rights,” Haahr wrote in an official statement this week.

At issue is the developers’ use of eminent domain to get the acreage they need to put up transmission towers in a span of 200 miles through Buchanan, Clinton, Caldwell, Carroll, Chariton, Randolph, Monroe, and Ralls counties, involving more than 500 landowners

Bill sponsor Jim Hansen, R-Frankford represents two of these counties. He says he supports wind energy but finds the approach heavy-handed. “If they want to do it, all they have to do is go out and get the easements and build the project. We’re just saying that you don’t have the right to use eminent domain to cross people’s property and all of our agriculture land if you’re a private entity and that’s what they are,” Hansen says.

But the Public Service Commission on this past March voted unanimously to give Grain Belt Express Clean Line LLC a “certificate of need and necessity.” Former Missouri Gov. Jay Nixon argued on behalf of the company.

The PSC stated “There can be no debate that our energy future will require more diversity in energy resources, particularly renewable resources,” said the Commission. “We are witnessing a worldwide, long-term and comprehensive movement towards renewable energy in general and wind energy specifically. Wind energy provides great promise as a source for affordable, reliable, safe and environmentally friendly energy. The Grain Belt Project will facilitate this movement in Missouri, will thereby benefit Missouri citizens, and is, therefore, in the public interest.”

The proposed line promises to deliver 3,500 megawatts of renewable energy from western Kansas to southeastern Missouri and into Illinois, and Indiana where it would connect to a grid that supplies energy to heavily populated northeastern states.  Get more background from Missourinet.

The Public Service Commission ruled that the landowners would have to be compensated for use of the land and caps the amount of agricultural land used for each tower.

Grain Belt must act on the certificate within two years but Chicago-based Invenergy wants to acquire the project from Clean Line Energy Partners out of Texas and the PSC must approve that.”

“This is still all about private property and personal property rights. That’s the big issue,” Hansen says. “This is still a private company, not one you can buy stocks in. It’s owned by someone.”

Peggy Whipple, who argued on behalf of Clean Line before the Missouri Supreme Court and the PSC, says the commission decision legally deems the company to be a public utility, answerable to local regulators.

“We have legal control over this company that will develop this line for everything that we could hope to have it for, other than rates only.”  Rates would come from the U.S. Federal Energy Regulatory Commission and must be just and reasonable, she says.”

In a three-hour hearing Monday, lawmakers heard from landowners and farmers in support of the bill (against Grain Belt) and municipalities and businesses that want the promise of cheaper, clean power.

Small cities and their utilities spoke against the bill, saying they need the new power lines. Carroll County Commissioner Bill Boelsen:

“My previous job before I took on this job was high-voltage electricity. I traveled the entire United States working on substation transformers.  This country’s infrastructure is crap anymore. It’s 70, 80 years old at least.”

Todd Hayes, VP of the Missouri Farm Bureau told the panel that farmers need control of their land.

“It would definitely limit some of the ability we can use our property for, some of the things for future use with this line being overhead. Not all of the lines follow property lines. Some will be crossing lines in different fields in different ways.

Stephen Franke, a businessman from Hannibal says they’ve been promised energy a third cheaper than the open market.

“Two cents a kilowatt-hour an entire third cheaper for a community with 20 percent poverty rate. That’s substantial. In addition, a 25-year contract, we’re locked in which means we can do capital planning, we can do reserve planning. We’re not exposed to the risk of an open and volatile market.”

Marilyn O’Bannon of Monroe County says she will lose farmland and room to till:

“When do you give the right to somebody to take their business across your business. I’m going, as a landowner, to give up a lot of income. I’m not talking a few dollars here, a lot of income to allow something to come across my property that I will get no value from.”

O’Bannon says she and her fellow 500-plus landowners were not contacted by the company. She says that even if Grain Belt asked for an easement, she would not negotiate. “The only way they can get that is through condemnation suits  and that is where eminent domain is going to be a problem.”

A landowners group and similar interests plan to appeal the PSC decision

 

 

Flooding causes major roadblocks for Missouri farmers

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Record-breaking flooding expected in northwest Missouri will be felt by farmers for months. Missouri Farm Bureau President Blake Hurst tells Missourinet the damage to the infrastructure will be a struggle.

Flooding causes major roadblocks for Missouri farmers

“The difficulties in travel. The difficulties in moving grain, moving fertilizer, moving seed. We have visited with several people that had seed stored over there for the spring season. They had to move it out,” he says. “It will be hard to get fertilizer to northwest Missouri from the west.”

Hurst has farm land in Atchison County’s Tarkio. He says his land luckily has not been damaged but 20 miles down the road near Rock Port is a different story.

“It will be hard, a lot of us deliver grain to a big elevator over there west of Rockport that sits on the bottom,” Hurst says. “They’re not going to have any way to get grain away. The roads are going to be washed out. The railroads are going to be washed out.”

The Missouri Department of Transportation says Interstate 29 remains closed from the Missouri/Iowa border all the way to St. Joseph.

Hurst says the flood event is worse for farmers than the 2011 flood.

“One of the things that happened this time, which I think is a little unique and really kind of frightening is that this happened without warning,” says Hurst. “In 2011, as bad as that was, the farmers over there had some time to get grain out, to get their machinery to higher ground.”

Hurst thinks most area farmers were able to get their tractors and combines to higher ground but not their grain.

“Particularly soybeans, when they come in contact with water, they swell up. The steel bins that they’re stored in will literally just split along the sides of the bins and just collapse. We’re going to see that happen all up and down that Missouri River bottom,” he says.

Some area farmers will have to wait and see how the flooding problems impact their planting season. Hurst says most of the area affected is crop land – not cattle ground.

Copyright © 2019 · Missourinet

Right to farm amendment goes to the people (AUDIO)

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Missourians will have a chance to decide if farmers should have a constitutional right to do what they’re doing.    The legislature has sent them the so-called “Right to Farm” amendment.   

Representative Bill Reiboldt (photo courtesy; Tim Bommel, Missouri House Communications)

Representative Bill Reiboldt has carried a right to farm proposal for three years in the House. (photo courtesy; Tim Bommel, Missouri House Communications)

The movement to create the amendment was triggered by the “Puppy Mill” petition campaign putting limits on pet breeders.  Voters approved the puppy breeding law but the legislature immediately changed it, saying it needed to be more practical.   Regulation of pet breeders is handled by the state agriculture department.                                             

The original proposals would have prohibited petition efforts such as Proposition B creating agricultural laws, but that idea has been removed.  St. Louis Senator Scott Sifton thinks that’s the most important change made in the three years of work on the bill.

“What’s most important to me is…that the power of the people to check the legislature on that subject matter and any other agriculture subject matter is not something I do not  want to see taken away from them,” he says.

The proposal also retains the right of local governments to pass ordinances on zoning, health, and environmental issues., The original proposal would have eliminated that local government authority.

Early versions of the proposal also dealt with the abilities of local governments to pass ordinances and laws restricting farming. The legislature finally agreed on a compromise that says the amendment would not interfere with rights afforded local governments elsewhere in the Constitution.

Desloge Representative Linda Black says what is going to voters deals more directly with the right to farm.

“We had kind of gotten bogged down in the House on petition issues, trying to put protective language in that resolution … I think that the compromise that was struck leaves out any language for petitions but it does kind of soften the ability for local municipalities and counties to implement ordinances that enforce any kind of laws that have to do with livestock or agriculture.”

Black says the proposal will also extend protection to urban farming.

The Missouri Farm Bureau is one of the groups that has pushed for a right to farm amendment. President Blake Hurst says his group was comfortable with the language dealing with local control issues being removed, but they still want the state’s initiative petition process to be addressed.

AUDIO: Senate Debate 31:04

New book honors Missouri’s century farms

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A new book has been unveiled that celebrates the history of some of Missouri’s oldest farms.

Click the image to go to the Acclaim Press website for the book.

The University of Missouri’s Extension and its College of Agriculture, Food and Natural Resources and the Missouri Farm Bureau have put together “Missouri’s Century Farms: Preserving our Agricultural Heritage,” in a continuing effort to honor farms that have been in the same family for more than 100 years.

The book profiles nearly 1,000 of the more than 8,000 that have earned that distinction. Farm Bureau President Blake Hurst says it is a remarkable feat.

“You know, fifty percent of all businesses go out of business within five years on inception.”

Governor Nixon is a contributor to the publication. “This book is a tribute to the century farms that have come before us and made our state what it is today.”

The 400 page book can be ordered from Acclaim Press.

McCaskill and Akin discuss the issues for Missouri Farm Bureau (AUDIO)

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Missouri’s candidates for U.S. Senate have shared a stage for the first time, only days removed from a primary election that pitted them against one another. The candidates fielded questions from more than 200 farmers with Missouri Farm Bureau’s Political Action Committee.

Congressman Todd Akin and Senator Claire McCaskill speak to Missouri Farm Bureau.

Big on the minds of farmers is the passage of the Farm Bill. The incumbent, Senator Claire McCaskill says she has been a strong proponent. “I think it’s an incredibly important thing to get done so you all have some certainty. We will get disaster relief done and it will be retroactive for the cattle. I know that will happen. I was bitterly disappointed that my opponent and some of his colleagues blocked a decision on the farm bill before we left to come home and work for the month of August.”

Congressman Todd Akin says he is comfortable with most of the farm programs in that bill, but he has an issue with what he says is an 80 percent increase in entitlement programs. “I’ve gotten to the point where I’m not so sure that the farm portion of it is reasonable enough that you might be able to just pass that by itself.”

McCaskill says the farm programs and entitlement programs are tied together so that urban legislators who aren’t concerned with farm issues will vote for the whole package.

Both candidates were also asked to discuss the estate tax, that farmers often refer to as the “death tax.”

Akin says he doesn’t believe in the tax. “I just think it’s a bad idea, and to have that death tax … go up to the degree that it is, up to 55 percent, I think that’s crazy and I’ve never voted for that and I support keeping the death tax as low as we can get it. As far as I’m concerned, what’s the right level? Well zero would be just about right for me.”

McCaskill says she cosponsored legislation that would extend the current estate tax rate of 35 percent, with an exemption for those making up to 5 million dollars. As to whether she would vote to eliminate it altogether, she says, “I would possibly vote for that if we could figure out a way to do a whole balanced approach on deficit reduction. If we could do something that would make sense, that we would be cutting spending, figuring out a way to make entitlements responsible and also look at the tax code in a way that doesn’t pick quite as many winners and losers. In the meantime, I basically told my leadership that I wouldn’t vote for anything that took it below five (million dollars).”

Akin beat out former state treasurer Sarah Steelman and St. Louis businessman John Brunner for the Republican nomination for U.S. Senate in Tuesday’s Primary. McCaskill ran unopposed on the Democrat side.

AUDIO:  Senator Claire McCaskill’s comments and Q & A with Missouri Farm Bureau members, 32:32

AUDIO:  Congressman Todd Akin’s comments and Q & A with Missouri Farm Bureau members, 33:51

Farm Bureau asks fairgoers to sign against cap and trade

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Federal legislation meant to ease the pressure of energy on the environment is meeting real resistance in Missouri, because of our reliance on coal.

Missouri Farm Bureau President Charlie Kruse says the bureau has taken its opposition to cap and trade to the State Fair.

"We’re doing everything we can to say this is a bad idea and one that this country doesn’t need," Kruse says.

The bureau is asking fairgoers to sign a petition against cap and trade which has passed the House and awaits Senate action in Washington, D. C. Kruse says Missouri will lose out, because it relies on coal, which the legislation seeks to phase out.

"The United States is the Saudi Arabia when it comes to coal," says Kruse.

Kruse says work to develop clean coal is on-going. He says more should be done to make the burning of coal less harmful to the environment. He says that will make the United States less dependent on energy from countries that oppose the U.S.

How much the legislation will cost is a matter of dispute, but a study by the Energy Department estimates a typical household will pay $83 more a year if the legislation passes, $142 by 2020 and $583 by 2030. The report stated the bill would add 20 cents to a gallon of gas by 2020 and 35 cents to a gallon by 2030.

Kruse expect it to hit farmers hard, despite assurances otherwise.

"When you look at all the things farmers have to buy that are so energy intensive, I just don’t believe that what little positive might come out of this for farmers will offset the increased cost," Kruse says.

The Energy Department report cautions that costs could be much higher if large-scale technologies aren’t developed to keep electricity prices in check.

Download/listen Brent Martin reports (1:30 MP3)

A word in an act makes a big difference to Farm Bureau

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It’s one word, one word in federal legislation approved in 1972, but an important word according to the head of the Missouri Farm Bureau.

The word is "navigable", a word that Missouri Farm Bureau President Charlie Kruse says is vital to the Clean Water Act .

"The word navigable appears in the Clean Water Act 80 times," Kruse tells the Missourinet, "and it has been there since 1972."

Kruse wants it to stay there.

"Just imagine the frightening aspect of the federal government coming on your property, if you have a private pond, and regulating in so many ways what you can and can’t do with that pond," says Kruse.

Kruse says the word "navigable" in the Clean Water Act limits the reach of the US Army Corps of Engineers and the Environmental Protection Agency. He fears that eliminating the word would give jurisdiction to all waters, including private lakes and farm ponds. Kruse warns that an expansion of the federal government’s regulatory power could delay construction of any new lakes or ponds and greatly increase their cost.

Washington might be listening. Kruse, who owns a farm in Dexter, has testified before the United States House Small Business Committee, asking that the word "navigable" be kept in SB 787, known as the Clean Water Restoration Act.

Kruse says he feels good about the reception he received as he spoke not only for the Missouri Farm Bureau, but as a member of the American Farm Bureau board of directors. He likely spoke to some friendly ears. The House Small Business Committee’s ranking member is northwest Missouri Congressman Sam Graves , a Republican from Tarkio. Two other Missouri Congressmen sit on the committee, Republicans Todd Akin from the St. Louis area and northeast Missouri Congressman Blaine Luetkemeyer .

Missouri, according to Kruse, likely has as many farm ponds as any state, nearly 315,000. He says all could be affected if the proposed change is made. Kruse points to experience with obtaining permits to farm in wetlands to back up his warning. He says it takes two-to-four years to get such a permit with the cost ranging from $29,000 to $270,000.

Download/listen Brent Martin reports (:60 MP3)

Missourians paying close to national average for groceries

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The price is going down on some of what Missourians are putting on the dinner table each night … other items are going up. Jessica Machetta has the story.

The American Farm Bureau monitors the grocery aisles every quarter in its Marketbasket Survey, and the Missouri Farm Bureau reports that our state is even with the national average.

Diane Olson says this is the 20th year the bureau has asked shoppers to buy 16 items and track spending … but she says this year some of the products were switched out to reflect consumer demand.

New this quarter, sliced deli ham replaces pork chops; shredded cheddar cheese replaces a block of cheese; whole fryers became chicken breast while mayonnaise and corn oil were dropped. Two new items round out the list — orange juice and bagged salad.

The survey found that prices dropped just more than $2 over the previous quarter’s total. Olson says dairy products showed a significant change.

Surprisingly, she says, shredded cheese is now cheaper than a block of cheese. Prices have also gone down for potatoes, ground chuck, sliced ham, chicken breasts and salad mix. But consumers are paying slightly more than before for sirloin tip roast, bacon, apples, cereal, flour, bread and orange juice.

Olson says the economic decline is causing some packaging changes and consumers should pay attention to what they’re buying.

The national price average for these 16 items is $47.41 … Missouri’s total is just one penny less than that, $47.40.

Jessica Machetta reports [Download/listen MP3]

Missouri Farm Bureau raises awareness of "cheeseburger tax" idea

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A federal effort to fight greenhouse gas emissions could have a big impact on Missouri farmers. The Environmental Protection Agency is discussing the idea of imposing what is jokingly referred to as a "cheeseburger tax" or "cow tax" on certain farm animals as a means of curbing greenhouse gas emissions under the Clean Air Act.

Kelly Smith, Director of Marketing and Commodities with the Missouri Farm Bureau, says an EPA proposal of this kind could cost farmers in the range of about $175 per dairy cow to about $20 per hog.

Smith says the idea originated with climate change advocates who claim farm animal flatulence is helping to destroy the planet. He points out the EPA does have some regulatory authority to impose rules without congressional approval, and he fears extreme environmentalists – many of whom favor this idea – would have a friend in the incoming Obama Administration. He cautions that while the EPA insists it has no intention of doing this, nobody can be sure because the idea came from within the EPA to start with.

Download/Listen: Steve Walsh report (:60 MP3)

Impact of financial crisis on agriculture could lead to higher grocery prices

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The poor economy is already hurting a lot of Missourians and it could soon hurt the state’s agriculture community.

Kelly Smith, Director of Marketing and Commodities with the Missouri Farm Bureau, says the big problem might come in the spring when farmers who need credit for crops start to visit their banks. Smith adds producers could see a few problems as we head into the harvest season, as the sale of corn and soybeans to grain elevatiors will require credit.

As for those who say they are not affected by financial problems that might affect famers, Smith points out that if the farmer suffers economically – the consumer will feel the pinch through higher priced groceries.

Download/Listen: Steve Walsh report (:60 MP3)