Pataki signed the bill to stop NYRI from just taking land along the
railroad track or it's route without buying it first. NYRI was
counting on the emininent domain law to provide it with clearing a path
for the power lines without opposition. If they could use the public
eminent domain law then they could obtain the property and "pay later"
or something like that. At least that is what the eminent domain law
has provided in the past. One person that called me on the phone told
me of a close relative that lived along the new i-86 corridor (Rt 17
thru windsor ). Their house was acquired through eminent domain. The
family was told to move and the property would be paid for after they
moved. In the mean time, they were forced to borrow money from
relatives for renting another home. They could not purchase a home
until the money would arrive -- no real date for that was promised. So
goes it for eminent domain law -- great for company that is clearing
the land.
The Pataki bill will protect people along the NYRI proposed route from
this medieval practice. NYRI will have to actually negotiate (as
opposed to "take") with the land owners for the right of way they need
to acquire.
And for everyone that forgets -- NYRI needs 120 feet for electrical
lines as a minimum along the railroad or property with no other power
lines. And for people that are saying -- they will use the NYSEG
lines -- they need 120 feet for their standalone towers and they need
an additional 100 feet from any existing power line (the NYSEG
corridor will require 220 feet for the power line)
The Pataki bill that was signed today is a very good indication that
the legislature and the Governor are behind the movement that will
provide fairness to the NYRI proposal. That does not mean that the
powerline is defeated. It means, if upheld in court, the law will
protect landowners from NYRI just taking their land with no recourse.
As it should do. We may be taxpayers but no one is saying we are
serfs.
Let's hope the new law can withstand any reversals that can occur in
the courts.
Here are some links:
http://www.wbng.com/news/local/4298747.html
http://www.uticaod.com/apps/pbcs.dll/article?AID=/20061003/NEWS/61003031
There should be more news analysis tomorrow.
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1 comment:
Congrats to upstate on this bill's signing. But please do be aware that Gov. P is supporting abusive uses of eminent domain in Brooklyn:
http://www.nolandgrab.org/archives/2006/10/taking_private.html
http://www.nysun.com/article/40877
http://dddb.net/php/latestnews_Linked.php?id=268
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