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Rabun County v. Georgia Transmission Corp.

A county ordinance imposing a 3-year moratorium on construction of high voltage lines was void since it unconstitutionally interfered with an electric membership corporation's power of eminent domain.

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The issue in this appeal is the constitutionality of the “Rabun County High Voltage Line Construction Moratorium Ordinance.” For the reasons which follow, we affirm the judgment of the Superior Court of Rabun County finding the ordinance to be unconstitutional and permanently enjoining its enforcement.

Georgia Transmission Corporation “GTC” distributes and transmits electric power and is a nonprofit electric membership corporation, organized and incorporated pursuant to OCGA § 46-3-170. GTC is comprised of thirty-nine affiliated electric membership corporations and is authorized to exercise the power of eminent domain pursuant to OGGA § 46-3-201 b 9. In 1999, GTC began planning construction of a 115-kilovolt transmission line, known as the North Burton Tap 115-KV Transmission Line Project, to service the electrical demands of the customers of Habersham Electric Membership Corporation “Habersham EMC”, an affiliated electric membership corporation that serves Rabun County. GTC selected route “D,” which crosses approximately seven miles of Rabun County, as the site for the proposed transmission line.1 GTC anticipates that if the line is not completed by April 2003, blackouts and brownouts will occur during the summer of 2003.

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