NYRI: We won't force people from their homes

ALBANY – New York Regional Interconnect claims it won’t need to force people from their homes and businesses in order to build its power line, according to a petition it filed Monday with the state’s highest utility authority.

But NYRI still needs the use of eminent domain to take land at fair market value, otherwise its project, if approved, wouldn’t be economically feasible, company officials say.

“The real issue is not about condemning buildings, which wouldn’t be necessary, although the popular misconception is that homes would be condemned,” said NYRI spokesperson David Kalson Thursday. “The real issue is about putting lines over farm lands and such. NYRI doesn’t anticipate having to take down any houses or buildings.”

Citing a series of legal precedents, NYRI is petitioning the state Public Service Commission to clarify if a law aimed at blocking the company’s use of eminent domain does in fact do so, and whether or not it is constitutional.

NYRI’s other contention: The law negates the commission’s authority to review and permit its power line.

“Without the use of eminent domain, any certificate approved by the commission would result in a project that is not economically feasible,” the petition states, providing examples where commission officials in the past have ruled that eminent domain is a necessary component of its citing process.

If the PSC does not rule in NYRI’s favor, Kalson said the company may seek approval with the federal government since most of New York state is part of a new “National Interest Electric Transmission Corridor.”

“That’s one option,” Kalson said, referring to the state’s corridor status, which allows the feds to take over a power line review inside it. “As you know, the Federal Energy Policy Act of 2005 became law to address the very serious threat to our national security that unreasonably long delays by states could create.”  

Eminent Domain – the power to take land at fair market value without negotiations – has historically been a right used by governments and utilities to condemn private property in the interest of “public good.” In New York state, companies or entities have to negotiate with landowners first before using that right.

NYRI is a private company backed by Canadian investors seeking to build a power line from Utica to Orange County that would relieve energy troubles downstate, it says. It’s route would split 44 miles and six townships in Chenango County.