The dictionary defines eminent domain as the inherent power of the state to seize a citizen's private property without the owner's consent.
The recent U.S. Supreme Court's liberal and controversial decision gave the right: "In simple terms that the government can take privately owned land, as long as the land will be used by the public and the owner is paid a fair price for the land, what the amendment calls just."
"Used by the public" being the key phrase.
A form of eminent domain is happening here in New York state with the placement of industrial wind turbines. The town of Prattsburg, N.Y., is one example. The town has voted to condemn private property to aid a wind company in building a local wind farm.
There has also been talk of taking private land in Henderson for power lines to service a wind project on Galloo Island.
In Jefferson County, wind projects are being planned for the towns of Cape Vincent, Clayton, Orleans, Lyme, Brownville and others. Placing a few hundred huge wind turbines throughout these towns is a foreign wind company's form of eminent domain. These industrial generators will dominate the land around them which, if not properly placed, will also include private property of many nonparticipants in the wind project.
Wind turbine noise can reach out hundreds of yards from the generator, invading the private property and thus taking away that person's use of their own land.
The town of Lyme had acted responsibly in the spring when it passed a wind law with setbacks that would protect private property from noise levels produced by turning generators and blades. It also would protect the only natural resource Lyme has, Lake Ontario, and its bays and shoreline, that for decades have been enjoyed by many boaters and fishermen.
Last week one judge struck down this wind law. So, for a few large landowners with promises of big money from foreign wind companies, the diligent efforts of the planning board, town board and the survey of the residents of Lyme are set aside. This "voter for wind" group has not been happy with their part of the pie; they wanted it all from the start. Lyme's wind law provided land use for wind turbines while still respecting the properties of the hundreds of other residents who live here.
Anyone who lives and owns rural property in Jefferson County had better wake up and be aware of your local and state governments. They are very willing to take your private property in this form of eminent domain and give it to a foreign wind company.
We all need to protect our property and our own American Dream.
Stephen Rutigliano
Three Mile Bay
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