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Eminent Domain Information
Practicing Solely In Eminent Domain

Nor Shall Private Property Be Taken For Public Use, Without Just Compensation
- The 5th Amendment, U.S. Constitution

Northern Missouri Grid Program -Ameren (Ameren Transmission Company / ATXI)

WHO is doing the project?

Ameren Transmission Company of Illinois (ATXI) is a subsidiary of Ameren, based in St. Louis. Its only purpose is to construct larger transmission projects, not to provide electricity directly to businesses or consumers. An organization of Missouri municipal utilities, named Missouri Joint Municipal Electric Utility Commission (MJMEUC), is also involved in the project

WHAT is the project?

# Northern Missouri Grid Program -Ameren (Ameren Transmission Company / ATXI) Overview Map

Ameren Transmission Company of Illinois (ATXI) has proposed to build nearly 250 miles of 345,000-volt (345kv) transmission line across 12 northern Missouri Counties. The overall proejct is proposed to consist three segments. As is customary with transmission lines, they named based on the substations that they will connect to. The three segments are:

The project will require the use of single or mono pole structures that are up to 140 feet high which will require easements as wide as 150 feet. They will be space approximately 700 to 900 feet apart and have no less than 25 feet of clearance from the ground to the lowest sway of a line between pole.

WHEN is this project to be built?

The first two segments are expected to start construction in 2026 and completed by 2028. The last, but larges, segment is slated to begin in 2027 and complete in 2030.

HOW will this project affect me?

If your property is in the path of the Project, then ATXI will need to acquire the right to build the transmission line on your property. In order to do so, it will have to purchase an easement from you. If you cannot agree on the price or terms of the easement, ATXI will have the power to use eminent domain to force the easement on your property. Information on the eminent domain process, including your rights as a property owner can be found HERE on the Denlow & Henry website.

Transmission lines can have drastic impacts on the value of property. When electric companies run unsightly power lines over and through residences, farms and businesses, and place transmission towers on private property, they can destroy aesthetics and interfere with the use of the property by making it more difficult to farm or develop and sell land.

At Denlow & Henry, our attorneys understand the negative effects property lines and transmission towers have on our clients’ properties. Over the years, we have successfully helped many Missouri property owners enforce their rights under eminent domain laws and obtain just compensation from electric companies.

What Are My Rights?

Many residential and commercial property owners do not realize they have a right to compensation for the electric lines and towers placed on their properties. If even a portion of your property is used by electric companies for their utilities, you deserve just compensation.

Just compensation includes not only the value of the property lost to electric utilities, but also damage done to the remaining property.

At Denlow & Henry, we have gone up against some of the state’s largest electric companies and co-ops, such as the Ameren-UE, Kansas City Power & Light, Grain Belt Express and many Missouri Rural Cooperatives. We will fight to get you the compensation you deserve.

For more information.

So, what happens next?

When a utility needs to cross over private property, it will typically seek an easement. An easement is the right to use property, while ownership of the property remains with the original owner. While the United States and Missouri constitutions allow for the use of eminent domain for utility easements, they stipulate that landowners must be paid “just compensation” for any damages to their property.

With this type of project, they also stipulate that landowners must be paid “just compensation” for their property.

The Denlow & Henry law firm has represented thousands of property owners in eminent domain cases in over 56 counties throughout Missouri for more than 35 years.

Denlow & Henry principal Paul Henry, said the firm has seen every kind of condemnation case imaginable, from individual landowners to large corporations and properties ranging from single family residences, retail, industrial and agricultural.

How does eminent domain work?

The legal process used to take utility easements is called “condemnation” and is controlled by Missouri statutes and court rules, including:

Henry said the primary disagreement in most condemnation cases is about money, but in some cases the more important issue is to get the agency to agree to changes in the project to minimize negative impacts. In cases where a property owner must leave the property, there are relocation issues and expenses that may be reimbursable.

Landowners who receive an notice of taking or an offer from an agency should not sign anything until they have a lawyer review the documents, because there is no way to undo the transaction after an agreement has been reached. In fact, property owners should not speak to a government representative or appraiser about their property before seeking legal advice. In condemnation, property owners receive a one-time payment for all of the impacts to a property that’s being taken or affected by a project. It is vitally important that an attorney with years of experience, knowledge and skills be consulted because there is no second chance after the acquisition is completed.

The attorneys at Denlow & Henry will initially consult with property owners for no charge. This will often include a visit to the property to assess the situation.

What are property owners owed?

Simply stated, a property owner is entitled to “just compensation” which means the fair market value of their property. However, the rules of valuation in the condemnation setting can be complicated. When a project only requires and easement or a portion of a property, there may be damages to the portion that remains. These are called consequential or severance damages. Depending on the circumstances, consequential damages may be significant. While a land value disagreement is usually straight-forward, consequential damages are typically more complicated and may not be as apparent to someone who does not have experience in condemnation cases.

Again, it is important that anyone who receives an eminent domain offer not sign anything until after consulting with a lawyer, because there is no way for an agreement to be undone. There is only one opportunity to be compensated for a taking and property owners should take time to carefully consider what they are owed.