Oklahoma Gas and Electric Co. has won the first two skirmishes in a legal battle with northwestern Oklahoma landowners over the utility's authority to have private property condemned for a high-voltage transmission line.

The 112-mile-long, 345-kilovolt transmission line would be used to move electricity to the Oklahoma City area from wind farms near Woodward.

Associate district judges in Blaine and Dewey counties ruled in similar cases Monday that the transmission line would serve a valid public purpose and condemnation should be allowed.

Oklahoma City attorney Robert Gum, who is representing the landowners, said his clients are planning to appeal.

What's the debate?

Gum said he plans to ask the judges to require OG&E workers to stay off the properties until the Supreme Court can rule on the cases.

OG&E spokesman Brian Alford indicated Tuesday that OG&E would be opposed to a lengthy delay.

"We are working to construct this line as quickly as we can to facilitate adding wind energy to our system," Alford said. "We would hope we could resolve outstanding issues in short order."

Alford said OG&E officials were pleased by Monday's rulings, but "at the same time appreciate the landowners' position and understand their need to exercise their rights."

Landowners argued condemnation must primarily be used for a public purpose.

They contended OG&E is attempting to build the transmission line primarily for a private purpose because the company wants to sell much of the electricity that is generated out of state for the financial benefit of its shareholders and wind farm operators.

Property concerns

While OG&E attorneys didn't dispute that some of the power would be transmitted out of state, they argued some of the power also would be used by OG&E's Oklahoma customers so the public purpose requirement would be fulfilled.

Dewey County Associate District Judge Rick Bozarth disagreed with the landowners' contention that OG&E's Oklahoma customers must be the primary beneficiaries of the electric power to legally justify condemnation.

"That does not appear to be the case," he wrote, adding that OG&E had sufficiently shown its Oklahoma customers would benefit.

Blaine County Associate District Judge Mark A. Moore also sided with OG&E.

Landowners opposed to the power line have told The Oklahoman they fear it will devalue their properties, obstruct their views, create dangers for crop dusters, damage global-positioning systems on high-dollar farming equipment and create health risks for landowners who have pacemakers.