The Libertarian Party of Alabama is supporting Fenn Church, a Calera landowner whose property is at the center of an ongoing legal battle over Alabama Power’s use of eminent domain to construct a transmission line.
In a statement published October 28, party Chair Samuel Bohler said that the Alabama party was standing by Church, whose property covers more than 400 acres, as a show of its commitment to opposing eminent domain abuse, especially by private, for-profit companies.
Church’s story originally received coverage from Alabama media outlets in late August, with ABC 33/40 reporting at the time about Church’s struggle with Alabama Power over a planned transmission line that would cross part of his property as part of a larger project. According to court documents cited in the report, the company wants to install approximately 75 miles of a 230-kilovolt transmission line intended to reduce loading and increase overall reliability. Part of the route would cross Church’s property, with the company also seeking access easements covering existing roads, including his main driveway.
Church told the outlet he was concerned about access to his home, privacy, and the general impact the project would have on the surrounding environment, specifically its wetlands, wildlife, and old trees. He said he proposed alternate routes through nearby timberland without success, with Alabama Power saying his suggested changes would affect construction and maintenance.
Church later secured legal relief in September, with Shelby County Circuit Judge Jonathan Spann issuing a preliminary injunction preventing Alabama Power from entering his property while the case continued. However, the company appealed the injunction, with the Alabama Supreme Court granting its emergency motion to stay the order in October.
According to an October 30 report by 1819 News, Alabama Power employees had begun measuring trees ahead of anticipated clearing while the underlying case remains pending.
“If Alabama Power can bulldoze a man’s land before a court decides whether it had the right to, then winning in court means nothing,” Bohler said. “No Alabamian should lose their property before they get their day in court.”
The party called on the Alabama Legislature to require that a landowner’s legal challenge be resolved before any clearing or construction would be allowed to begin, as well as on the Alabama Public Service Commission to review how utility routes are chosen.
The party also said that at the time of Bohler’s statement, its members and leadership were planning to visit Church’s property in a show of support.
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