Anti-power line eminent domain bill introduced
CHENANGO COUNTY – A second piece of legislation against a company vying to build a high power line through Chenango County was introduced in Washington this week.
United States Representative Sue Kelly, Republican, of New York’s 19th congressional district, made an effort Tuesday to close a loophole in the national energy law that would preempt New York Regional Interconnect, or NYRI, from invoking eminent domain on land owners along its 190 mile proposed power corridor.
The power transmission company has recently participated in two state senate hearings where details about their plan to build a 400 kV DC line from Marcy to Rock Tavern have emerged. The company filed application with the state in May seeking approval for the $1.6 billion project. Although NYRI claims that 90 percent of its proposed line runs along existing rights of way, and that properties in need of procurement have yet to be identified, worries have been aired that homes could be taken against residents’ wishes. Kelly addressed that concern Tuesday by introducing her Protecting Communities from Power Line Abuse Act.
“Eminent domain is a tool that will likely be sought to advance this widely-opposed plan. To end this threat, I’m introducing the Protecting Communities from Power Line Abuse Act. Let’s value our constituents’ rights to personal property,” Kelly said on the House floor.
The Protecting Communities from Power Line Abuse Act would rescind a provision in the Energy Policy Act that allows permit holders to petition the U.S. District Court for a right-of-way to construct power lines via eminent domain. “This gives eminent domain power not to an accountable government entity, but rather to private companies,” Kelly said.
A bill already overwhelmingly passed by the state senate currently awaits approval from Governor George Pataki. The bill, introduced by Republicans John J. Bonacic, Thomas W. Libous, and Raymond Meier, would do away with a section of the state’s Transportation Corporations Law which allows private electric companies to take land via eminent domain.
At both senate hearings, NYRI representatives admitted that their bulk transportation line would provide no new power above the lower Hudson Valley, and that wholesale electric rates would go up approximately 5 percent in the upstate region built. Beyond taking energy away from upstate consumers, NYRI would need to construct eight to 13 story electrical towers across the land of owners whose prices will hike.
“Eminent domain, rightly understood, can be used for public projects like water, sewer, roads and bridges that result in the public good. It’s wrong that a private, for profit company can use that power to remove people from their property and build a power line that people don’t want and for which the need has yet to be proven,” Senator James L. Seward, R-Milford, said after the state bill was passed.
A text of the federal bill is not yet available for public viewing.
United States Representative Sue Kelly, Republican, of New York’s 19th congressional district, made an effort Tuesday to close a loophole in the national energy law that would preempt New York Regional Interconnect, or NYRI, from invoking eminent domain on land owners along its 190 mile proposed power corridor.
The power transmission company has recently participated in two state senate hearings where details about their plan to build a 400 kV DC line from Marcy to Rock Tavern have emerged. The company filed application with the state in May seeking approval for the $1.6 billion project. Although NYRI claims that 90 percent of its proposed line runs along existing rights of way, and that properties in need of procurement have yet to be identified, worries have been aired that homes could be taken against residents’ wishes. Kelly addressed that concern Tuesday by introducing her Protecting Communities from Power Line Abuse Act.
“Eminent domain is a tool that will likely be sought to advance this widely-opposed plan. To end this threat, I’m introducing the Protecting Communities from Power Line Abuse Act. Let’s value our constituents’ rights to personal property,” Kelly said on the House floor.
The Protecting Communities from Power Line Abuse Act would rescind a provision in the Energy Policy Act that allows permit holders to petition the U.S. District Court for a right-of-way to construct power lines via eminent domain. “This gives eminent domain power not to an accountable government entity, but rather to private companies,” Kelly said.
A bill already overwhelmingly passed by the state senate currently awaits approval from Governor George Pataki. The bill, introduced by Republicans John J. Bonacic, Thomas W. Libous, and Raymond Meier, would do away with a section of the state’s Transportation Corporations Law which allows private electric companies to take land via eminent domain.
At both senate hearings, NYRI representatives admitted that their bulk transportation line would provide no new power above the lower Hudson Valley, and that wholesale electric rates would go up approximately 5 percent in the upstate region built. Beyond taking energy away from upstate consumers, NYRI would need to construct eight to 13 story electrical towers across the land of owners whose prices will hike.
“Eminent domain, rightly understood, can be used for public projects like water, sewer, roads and bridges that result in the public good. It’s wrong that a private, for profit company can use that power to remove people from their property and build a power line that people don’t want and for which the need has yet to be proven,” Senator James L. Seward, R-Milford, said after the state bill was passed.
A text of the federal bill is not yet available for public viewing.
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