Congresswoman Introduces Legislation
To Block Eminent Domain Use by NYRI
U.S. Representative Sue Kelly introduced legislation in
Congress today that would close a loophole in national
energy law and proactively preempt New York Regional
Interconnect (NYRI) from invoking eminent domain to carry
out its power-line project in Orange County and upstate
New York.
“In my Hudson Valley district, a company has a disruptive
and damaging plan to place a power line from central New
York all the way to New Windsor. This is in spite of
objections from numerous municipalities in its path,” Kelly
said while introducing her bill on the House floor today.
“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 added in her House floor speech.
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.
Kelly voted against the Energy Bill when it passed
Congress in 2005, and she also opposed the legislation
during attempts to pass it into law in 2003-2004.
“This gives eminent domain power NOT to an accountable
government entity, but rather to private companies,” Kelly
said on the House floor. She noted that until this provision
is repealed, local residents as well as their local and federal
governments are powerless in preventing a permit holder
from seeking eminent domain to build power lines.
“Last year in the wake of the Supreme Court’s Kelo vs. New
London decision, House Republicans drafted and passed
legislation to better protect private property owners from
eminent domain,” Kelly said while addressing other House
members. “Today, I rise seeking support for my effort to
stop the potential for eminent domain abuse brought forth
by last year’s energy bill.”
NYRI is applying to construct a 1200-megawatt electric
transmission line across a 200-mile span from Oneida
County to Orange County, N.Y. The route proposed by
NYRI will travel through the federally protected Upper
Delaware Scenic and Recreational River – an area which is
part of the National Park Service’s National Wild and Scenic
Rivers System.
Kelly, who first expressed her opposition to the NYRI
proposal when she addressed the Upper Delaware Council
in April, said she will continue pressing federal agencies to
also oppose NYRI’s plans. In a letter to the Federal Energy
Regulatory Commission last month, Kelly said: “The route
proposed by NYRI would bisect the Village of Otisville. It is
simply not appropriate for power lines of this magnitude to
run through the heart of such a small village. You should
also be aware of the similar detrimental consequences that
this project poses to the Towns of Deerpark, Mount Hope,
Wallkill, Hamptonburgh, and New Windsor.”
Posted 2006.7.21
News release from
Rep. Sue Kelly on
anti-eminent
domain legislation
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