Judge rejects NYRI's challenge to state eminent domain law

Homeowners in the path of New York Regional Interconnect's power line proposal got a reprieve Friday.

That is, for now.

U.S. District Judge Thomas J. McAvoy dismissed NYRI's lawsuit challenging a law written by Assemblywoman Donna Lupardo, D-Endwell, which would protect homeowners from private companies trying to obtain property they need through eminent domain. Lupardo has no problem with eminent domain which she says can be a "valuable economic development tool." However, what did bother her was that this proposal "could have devastating impacts on New York's economy, environment and energy policy."

If NYRI wants to pursue its proposal, the next step is the federal government. This hurdle has been lowered substantially for NYRI after the Department of Energy designated two national interest electric transmission corridors this month -- one of which is the mid-Atlantic corridor. That corridor comprises 10 states including New York. By doing this, the federal government has the right to bypass any state in the corridor that does not approve a proposal within a year, because the designated corridor has shows a need for increased power beyond current energy resources.

Of course that's good news for private companies such as NYRI, but bad news for the thousands of people who have protested the NYRI proposal, will lose their property and fear the environmental impact. As state Sen. Thomas W. Libous, R-Binghamton, said, "It's a dangerous precedent." He adds that "allowing a private organization like New York Regional Interconnect (NYRI) to seize property without the approval of our community or our state violates constitutional integrity."

When the corridor designation was announced Oct. 2, Rep. Maurice Hinchey, D-Hurley, said "The reality is the only thing that matters to the DOE is how much more of a profit it can create for the energy industry." Hinchey, along with 29 other members of Congress, sent a letter Oct. 12 calling on the Department of Energy to "order an immediate study of cutting-edge alternatives using 21st-century technology that can be utilized without resorting to the standard answer that building transmission infrastructure is the only solution."

They're right. There must be a better, less-environmentally invasive solution to transporting power through a grid. Hideous 10-story towers lower property value, destroy its aesthetic appeal and present hazards for wildlife. You can understand the anger of those who fear the loss of their property and the destruction of upstate rural beauty so downstate can access more power. There is no win-win in this situation.