Law Commons^™

The Power Line Health Controversy: Legal Problems And Proposals For Reform, Philip S. Mccune

University of Michigan Journal of Law Reform

Part I of this Note examines the primary means of compensating individuals whose property is affected by EMFs from nearby power lines: eminent-domain and inverse-condemnation proceedings. Although power lines adversely affect property values in several ways, 6 fear of the potential health problems caused by power lines has had the greatest impact.' v Part I evaluates the three approaches that courts have developed to determine whether plaintiffs can recover for the effect of public fears of EMFs on property values. This Part concludes that although testimony about the biological effects of EMFs should be inadmissible, property owners should be able …