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Power Line Workers Chip Up Trees in Marathon Co.
The Record Review
Wednesday, September 14, 2005
Contractors for Wisconsin Public Service at the end of August chipped up and trucked away without permission the majority of logs on 300 feet of family land sitting in the path of the Arrowhead-Weston right of way. Stark, however, doesn't know how to get the attention of either Wisconsin Public Service or Marathon County law enforcement to right the alleged wrong.
"They absconded with what would have been a semi load of firewood that has a value of between $1,500 and $2,000," said Stark. Stark said he and a family member talked four times to contractors hired by WPS to clear a 120 foot wide Arrowhead-Weston right of way, telling workers that he wanted to keep the wood.
Instead, workers left the Starks with a pile of logs that, according to a quick count of remaining stumps, is far less than half of the wood harvested.
Stark said that he has complained to WPS and called the Marathon County Sheriff's Department to investigate but is getting no satisfaction.
Stark said that the wood harvest violates state law. The state statute that regulates construction of high voltage transmission lines (182.017) says that landowners shall "retain title to all trees cut by the utility."
The Public Service Commission on Sept. 1 ordered Wisconsin Public Service to only chip trees less than three inches in diameter along the Arrowhead-Weston route.
Stark said this directive was not followed in his case and that a half dozen other town of Wien landowners have the same complaint. The landowner said that he feels powerless in this situation. "We are peons in the system," he said.
Stark reported that the Marathon County Circuit Court condemned family property in March for a transmission line easement but the family has not as yet received a fair market value payment. Due to a backlog of cases, the Marathon County Condemnation Commission has not even considered the Stark's case yet.
Stark said that he filed a formal complaint with the Marathon County Sheriff's Department about the wood chipping on Saturday. He said that sheriff's deputies took his information but advised him that the Marathon County District Attorney's Office would not press charges.
An investigating officer declined to actually see where the cutting occurred, said Stark.
This newspaper's inquiry indicate that while numerous landowners have complained about alleged WPS timber theft neither the sheriff's department nor district attorney's office is much interested in the matter.
Sheriff's Department chief deputy John Reed said that charging decisions in any criminal matter lie with the district attorney. "We investigate complaints by landowners as they come in," said Reed. "We do a report and refer it to the DA's office."
The Marathon County District Attorney's Office, however, said that all Arrowhead-Weston landowner complaints have been shuffled back to the sheriff's department.
"We've been referring the complaints we have been receiving to the sheriff's department," said a district attorney receptionist. "Our office is not handling this matter."
Calls requesting to speak with either Marathon County Sheriff Randall Hoenisch or Marathon County District Attorney Jill Falstad were not returned.
Reed said that the sheriff's department has sent out squad cars and deputies to land parcels at the request of Wisconsin Public Service to provide security.
"Our job is to maintain the peace," said Reed. "That's what it amounts to."
Stark said that he is less interested in a monetary settlement than just to get his wood back.
Three families depend on firewood harvested from the family land for winter heat, he said.
The landowner said he would have liked to have kept the wood chips made by the WPS contractor. Stark said that he buys wood chips from a Wausau vendor for his landscaping business.
Stark said that a monetary payment for the wood wouldn't be the same as just keeping the timber. He will have to pay tax on the check from the utility, but would not have to pay tax on the harvested wood. "I'm going to get 30 percent less on my part because of the tax consequences," he said.
WPS public affairs spokesperson Kelly Zagrzebski on Tuesday said that the utility is attempting to deal with complaints about right of way clearing on a landowner by landowner basis.
"This is a very emotional issue, a sensitive issue," she said. "We really want to work with the people."
Zagrzebski said she believes that only a few landowners are experiencing difficulties with right of way clearing crews.
The Lake Superior chapter of Save Our Unique Lands meets on the 3rd Monday of each month at 7pm at the Town Hall in Bennett, WI (just off of U.S. Hwy. 53).
Contact us if you need a ride to the meetings and we'll try to hook you up with someone else who is going. If you are unable to attend meetings, but would like to work with us we encourage you to contact us by sending an email to northernadam@yahoo.com.
Enter your email address into the box above to sign up for Lake Superior SOUL's email announcement list. By signing up you can stay in the loop about upcoming meetings, protests and other events. We don't share our mailing list with any other groups. And don't worry, this is a low volume list that won't flood your email box!
For more information about the Lake Superior chapter of SOUL, or if you have any questions about the line, email us at northernadam@yahoo.com, call (715) 398-5234 or write to us at the following address:
8585 E. Baldwin Avenue
Solon Springs WI 54873