With summer nearly over, the eminent domain portion of Grain Belt Express’s easement acquisition for the first phase of its 780-mile transmission line project has come to a quiet close in Kansas. GBE’s focus is shifting toward contractor sign-ups and regulatory approvals, with Phase 1 construction slated to begin in early 2026.
State regulatory officials, lawmakers and the general public have accepted the current progress, as the easement acquisition winds down. To date, Invenergy has secured approximately $105 million in executed agreements, involving some 1,500 landowners. The amount includes a reported $19 million already paid, with $86 million due at construction.
Eminent domain impact
Not all agreements were made willingly in the state. In preparation for the easement acquisition, attorneys for GBE filed a number of eminent domain petitions among the 14 counties along the Kansas route. While the most recognized eminent domain hearing completed in late spring this year is in Barton County, the Great Bend Tribune researched 31 petitions filed in Kansas with GBE as plaintiff since 2021. The eminent domain process is statutorily regulated by the state, beginning with the filing of the plaintiff’s petition, followed by setting the date of hearing, court appointment of the panel of appraisers, appraisers’ assessment and report, determination of award and payment of the appraisers’ fees.
The Barton County takings case was concluded in June, regarding approximately 30 acres in four total tracts of Pawnee and Barton County land. The three court-appointed appraisers determined the total land value of the taking to be $800,360; appraisers’ fees for 25 hours at $350 per hour plus mileage totaled $28,760. The per-acre award amount is computed as $26,586.50.
It should be noted that almost all of the takings concerned valuation of agricultural land at fair market value. The Rosewood valuation was elevated due to the special use nature of the land in question, as the facility operates a special needs program.
Of the 31 petitions filed, there were 18 dismissals, as landowners opted for direct negotiation of easement value rather than face the takings process.
Including the Barton County case’s 30 acres, there was a total of 131.59 acres of land involved in the 13 cases that remained. Awards varied widely, as some included an assessment of damages accompanying the land being taken. The award amount totaled $2,338,539.20; appraisers’ fees totaled $51,179.
The GBE composite taking ranks as the highest amount paid for an eminent domain action regarding a single project in the state of Kansas.
The battle goes on
While the easement acquisition is largely complete in Kansas, not so in Missouri, where a small part of Phase 1 winds up. Missouri Sen. Jake Hawley, who has championed Missouri landowners’ role in the GBE project since it was coupled with the now-discontinued Midwest Plains NIETC in 2024, is continuing the fight against current Department of Energy Secretary Chris Wright. Hawley has also demanded that Ivenergy surrender its federal loan guarantee of $4.9 billion offered for the project by the Biden Administration.
The DOE announced Wednesday afternoon that it had terminated the conditional loan “to ensure more responsible stewardship of taxpayer resources.”
Ivenergy had yet to comment on the DOE’s decision.
The company maintains that the project will provide $52 billion in energy cost savings to U.S. residents over 15 years.
Andrew Bailey, in a letter dated June 27, called for an investigation into Grain Belt Express, saying that the company has used “deception, fraud, false promise, misrepresentation, unfair practice or the concealment, suppression, or material fact in connection with statements and actions concerning the transmission line project.”
Currently, GBE has on file more than 50 eminent domain petitions in Missouri since 2021, some still awaiting court process. A reported 17 of those cases have been dismissed. The state of Missouri requires appraisers to assess land involved in an eminent domain action at 150% of its determined fair market value.
