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| NYRI Files Federal Suit Over Eminent Domain Legislation |
Then Gov. George Pataki signed
anti-eminent domain legislation during a
ceremony at SUNY IT last October.
anti-eminent domain legislation during a
ceremony at SUNY IT last October.
200-mile-long electric transmission line through
Upstate New York may not be surprised that a
law outlawing the use of eminent domain by the
developer but they are ready to redouble their
efforts to fight the project.
New York Regional Interconnect, Inc. (NYRI)
filed suit against New York State in federal court
Thursday. The company claims the bill -- which
came to be known as the Bonacic Bill, so named
for Sen. John Bonacic who introduced it the
waning minutes of the legislative session -- violates
its constitutional rights and is discriminatory.
NYRI claims the bill denies it due process and
equal protection.
Chris Rossi, co-chair of STOP NYRI, Inc., the anti-
power line citizens' organization in Madison and
Chenengo counties, said NYRI's suit comes as no
surprise and certainly is not a setback. In fact, she
said STOP NYRI and others expected a legal
challenge.
"We were excited when the bill was put
through but knew there might be this sort of
action taken by NYRI," said Rossi, who lives in
Hubbardsville close to where the proposed $1.6
billion project would bisect the towns of
Hamilton and Brookfield. "If the bill doesn't stand
as crafted we will insist that our representatives
pass a bill that will hold-up in court and close the
door on eminent domain for NYRI and other like
projects. We have already been talking with them
about this possibility.
"This move by NYRI confirms something we
suspected all along. At the info meetings
sponsored by NYRI weheard about how their use
of eminent domain would be minimal. We have
always contended that anyone who knew the line
and the communities on it understood that the
company would need to take many homes and
businesses to build the lines. This suit by NYRI
demonstrates that the project clearly hinges on
their use of eminent domain and how
disingenuous NYRI's declaration of minimum
impact really is."
Troy Bystrom is a leader of the anti-NYRI
movement along the Delaware River and
represents the Upper Delaware Preservation
Coalition on the organization of counties fighting
the project. Like Rossi, he expected NYRI's
lawsuit.
"I am not surprised by this development at all,"
said Bystrom. "In July after the bill was passed, I
criticized it for being narrowly written and
thought then the bill would be challenged and
would not have much of a chance holding up in
court.
"I would like to see our state senators and
assembly people pass significant legislation to stop
NYRI in New York State and stop the taking of
private property for profit. We have not
forgotten the promises they made in order to get
elected/re-elected and we will hold them
responsible if their inaction fails to Stop NYRI.
"If our elected leaders will not lead, then there
are those among us that will and those people are
the future of New York State .”
It was about 10 months ago that NYRI announced
it planned to build the electric transmission line
from Marcy in Oneida County to New Windsor
in Orange County. The largely-Canadian owned
corporation filed an application with the state
Public Service Commission (PSC) in May, only to
have the PSC reject it as incomplete. NYRI said it
is working on refiling.
In the meantime, the PSC recently held a
mediation session between NYRI, state agencies,
representatives of the counties and other
interested parties.
At the same time, citizens' groups are concerned
NYRI's proposed route will be designated a
national interest electric transmission corridor
(NIETC). The Federal Energy Regulatory
Commission (FERC) would make such a
designation and has said it's findings would
overrule any decision made by the PSC.
Posted 2007.2.1
Upstate New York may not be surprised that a
law outlawing the use of eminent domain by the
developer but they are ready to redouble their
efforts to fight the project.
New York Regional Interconnect, Inc. (NYRI)
filed suit against New York State in federal court
Thursday. The company claims the bill -- which
came to be known as the Bonacic Bill, so named
for Sen. John Bonacic who introduced it the
waning minutes of the legislative session -- violates
its constitutional rights and is discriminatory.
NYRI claims the bill denies it due process and
equal protection.
Chris Rossi, co-chair of STOP NYRI, Inc., the anti-
power line citizens' organization in Madison and
Chenengo counties, said NYRI's suit comes as no
surprise and certainly is not a setback. In fact, she
said STOP NYRI and others expected a legal
challenge.
"We were excited when the bill was put
through but knew there might be this sort of
action taken by NYRI," said Rossi, who lives in
Hubbardsville close to where the proposed $1.6
billion project would bisect the towns of
Hamilton and Brookfield. "If the bill doesn't stand
as crafted we will insist that our representatives
pass a bill that will hold-up in court and close the
door on eminent domain for NYRI and other like
projects. We have already been talking with them
about this possibility.
"This move by NYRI confirms something we
suspected all along. At the info meetings
sponsored by NYRI weheard about how their use
of eminent domain would be minimal. We have
always contended that anyone who knew the line
and the communities on it understood that the
company would need to take many homes and
businesses to build the lines. This suit by NYRI
demonstrates that the project clearly hinges on
their use of eminent domain and how
disingenuous NYRI's declaration of minimum
impact really is."
Troy Bystrom is a leader of the anti-NYRI
movement along the Delaware River and
represents the Upper Delaware Preservation
Coalition on the organization of counties fighting
the project. Like Rossi, he expected NYRI's
lawsuit.
"I am not surprised by this development at all,"
said Bystrom. "In July after the bill was passed, I
criticized it for being narrowly written and
thought then the bill would be challenged and
would not have much of a chance holding up in
court.
"I would like to see our state senators and
assembly people pass significant legislation to stop
NYRI in New York State and stop the taking of
private property for profit. We have not
forgotten the promises they made in order to get
elected/re-elected and we will hold them
responsible if their inaction fails to Stop NYRI.
"If our elected leaders will not lead, then there
are those among us that will and those people are
the future of New York State .”
It was about 10 months ago that NYRI announced
it planned to build the electric transmission line
from Marcy in Oneida County to New Windsor
in Orange County. The largely-Canadian owned
corporation filed an application with the state
Public Service Commission (PSC) in May, only to
have the PSC reject it as incomplete. NYRI said it
is working on refiling.
In the meantime, the PSC recently held a
mediation session between NYRI, state agencies,
representatives of the counties and other
interested parties.
At the same time, citizens' groups are concerned
NYRI's proposed route will be designated a
national interest electric transmission corridor
(NIETC). The Federal Energy Regulatory
Commission (FERC) would make such a
designation and has said it's findings would
overrule any decision made by the PSC.
Posted 2007.2.1