by: Scott Minshall and Isaac Goffin, WIAT
CALERA, Ala. — A Shelby County man is in a fight with Alabama Power over his land.
Fenn Church said that fight has now made it to the White House. Church has called the land home for four years. He describes it as his dream property and the place he wants to spend the remainder of his life.
However, Church said that dream is now in jeopardy because of a planned Alabama Power transmission line that would cut through the heart of his land.
“Alabama Power wants to take over my property,” Church said. “They want to build a main 230 kV transmission line across the back side of my property.”
Church was notified about Alabama Power’s plans to take over part of his land for a transmission line easement. But that’s not the only thing that will happen, according to Church. He said Alabama Power has also requested easements on his roads and the driveway he uses to get to his home.
“They want to sell all these easements to every telecommunication company they can,” Church said. “I mean, it could be a cell tower, companies that could be broadband companies, or it could be fiber optic companies. And they all have a key to the gate. All these companies, employees and their contractors, 24 hours a day, seven days a week, any time they want to. And this is an invasion on my Fourth Amendment right to privacy in my own home.”
Church said he tried to work out a solution with Alabama Power, but he’s lost the court battle.
“They sued me for condemnation, and we went to court on July 8,” Church said. “I think the judge ruled about five days later and condemned my property. So they have won. They can come any time they want to now.”
John Rich, from the country music duo Big and Rich, is now the White House’s special envoy to U.S. landowners. Rich has personally gotten involved in the situation.
“We can build out our energy infrastructure and treat landowners with respect simultaneously, and that’s what I intend on doing in this case,” Rich said.
Rich said he’s learned that there is a clear solution that would protect Church’s land and provide Alabama Power the easement it needs to run transmission lines.
“About 200 yards away, there’s a wide open, clear-cut path that doesn’t involve driving bulldozers and trucks and 18-wheelers for the rest of eternity through this man’s property, right through his front driveway,” Rich said.
Alabama’s 42 saw the land Rich talked about firsthand. Church said it would solve the problem.
Rich added that he has personally tried to reach out to Alabama Power to discuss how to preserve Church’s personal property. So far, he has only been able to reach third-party lawyers for Alabama Power.
“That is egregious behavior,” Rich said. “I’m disappointed in Alabama Power that no one from leadership, the CEO, Mr. Peoples, nobody has reached out to me. They all have my information. They know how to find me. I am operating as an appointed official of the White House directly reporting to the president of the U.S.”
Rich said he is continuing to contact Alabama Power and, if necessary, will bring the case directly to President Donald Trump.
“If that does become necessary, then that’s exactly what will happen,” Rich said. “Right now, we are building out a report with all the details that we have so far. Alabama Power’s refusing to give us a lot of details, but a lot of it’s just common sense. You can pick up a map or go walk his property and see exactly what the alternative routes are. So, I hope it doesn’t go to that level. I hope it doesn’t require politicians to step in.”
Church said he just wants to see the land he worked his entire life to purchase preserved.
“All I want is a common sense approach from Alabama Power,” Church said. “They’ve been out here and given me every excuse why it has to come through my property. Nobody is even willing to look at the alternative path.”
Alabama Power sent Alabama’s 42 a statement on the matter:
“Alabama Power is dedicated to meeting the state’s growing energy needs and providing reliable service for our customers. We understand that property is personal, and we’re committed to treating landowners fairly and respectfully throughout the planning and development of infrastructure projects.
“Because this matter remains in litigation and the landowner is represented by counsel, we will not address the specifics of the dispute outside the judicial process.”
Alabama Power declined an on-camera interview, but offered additional information about the project and process. Read more below:
- Alabama Power began work on the Autaugaville-East Pelham 230 kV Transmission Line in the fall of 2021.
- The approximately 74-mile line is an addition to the company’s existing transmission system, designed to relieve loading on existing transmission facilities, improve the ability to move power between the Montgomery and Birmingham areas, increase operational flexibility, and support future electrical load growth in the region.
How the route was selected
- The route selection process began in early 2022. When evaluating potential routes, Alabama Power considers factors such as access, topography, existing land use, the number of angle points, line length, and environmental impacts, with the goal of identifying a feasible route that accounts for construction, operation, and maintenance of the line.
- To ensure routing is based on engineering principles only, the routing engineer is not provided property owner information before the line is routed.
- When a landowner proposes an alternative alignment – a route of accommodation, or ROA – Alabama Power reviews the proposal through a formal process consistent with Alabama law, and the review criteria are provided to the landowner. To protect neighboring properties, a proposed accommodation should enter and exit the requesting landowner’s property at the same locations as the existing route, must remain at least 100 feet from the property line of any property not otherwise affected, and may not alter the route on a neighboring property without that owner’s written consent. Because any turn in a transmission line adds length and creates an angle point – which can affect construction and maintenance, decrease reliability, and require guyed structures and additional right of way for support – proposals are also evaluated against those effects. If a proposal is determined to be potentially acceptable, Alabama Power prepares a conditional easement and performs a new survey and suitability studies before final approval; if it is declined, the landowner is notified in writing.
What rights are acquired
- Alabama Power acquires an easement – the right to construct, own, operate, and maintain the transmission line and its associated facilities on the property.
- Alabama Power does not acquire the land in fee: the landowner continues to own the land.
- Although Alabama Power acquires an easement rather than full ownership of the property, landowners are compensated for the rights acquired through a valuation process designed to ensure fair compensation.
- The landowner may continue to use the right of way in ways that do not conflict with Alabama Power’s ability to construct, operate, and maintain the line.
- Agricultural and farm use, residential lawns, pasture fencing with access gates, and hunting food plots are among the uses allowed within transmission rights of way; other uses require review with Alabama Power’s right of way specialists so potential issues can be addressed before a landowner makes an investment.
