NYRI stripped of eminent domain powers

Governor’s signature still needed

By FRITZ MAYER

ALBANY, NY — At the very end of the session on Friday, June 23, New York State lawmakers voted to end the ability of some power companies to use the power of eminent domain to take private land for the purpose of building new facilities. The move was a direct response to the proposed 180-mile power line by New York Regional Interconnect (NYRI.)

“Passage of this legislation is a major victory in our fight against NYRI and the power lines,” said Assemblywoman Aileen Gunther. “It is important to ensure that eminent domain is not used to help private developers force people out of their homes and off their land to make a profit, especially for a project that would damage the environment, harm the economy and pose potential health risks to residents.”

“NYRI has promised their actions will raise our energy rates,” said Senator John Bonacic. “It is absurd that our state policy would be to allow NYRI to raise our rates, scar our environment and take our property.” NYRI has said that while the power lines would bring electricity costs down for some downstate residents, the electricity bills of some upstate New Yorkers would rise by less than $1 per month.

Governor George Pataki must sign the legislation for it to become law. Thus far, Pataki has not taken a position on the power line project.

The measure brought opposition from some in Albany, including the chairman of the Senate Energy Committee, Senator James Wright. He said it sends a “chilling” message to investors in the energy field, and also sends a message to Washington that the state may not be able to meet its electricity needs without federal intervention.

One observer, who posted a letter on the internet site www.stopthepowerlines.com, said the legislation may be so narrowly drawn and targeted so specifically at NYRI, that it might be unconstitutional, and easily challenged in court. Supporters, however, said that the legislation is a victory because it puts up an obstacle, and perhaps forces the company to go to court, which will cost time and money.