UPC a "Good Neighbor"?

Thank you Meyers, Dyckman, Wolcot and Drum!

From Attorney’s advising the wind industry, advisory titled…

EMINENT DOMAIN AND WIND DEVELOPMENT IN NEW YORK

For many years, people have associated the power of eminent domain with the government's sovereign right to seize private property for the good of the public. What if a private developer also had the power of eminent domain? Many problems associated with negotiating agreements with private property owners for the siting of wind generation units and associated transmission lines and appurtenant facilities could be alleviated if not avoided. Under New York State law, this just may be the case. It appears that a private developer of electric generating facilities, either renewable or fossil fueled, can obtain the power of eminent domain and the ability to condemn private property in the State of New York.

“When properly exercised, the ability to condemn property could be an invaluable tool in siting additional wind generation and related facilities for expansion. It is not a power that should be taken lightly, however. While procedurally straightforward, many substantive issues surrounding a private developer's use of eminent domain appear to be unsettled. Although there is no foreseeable problem with a private developer's use of eminent domain, a potential condemnor must be diligent to ensure strict compliance with New York's case law and statutory requirements.