NYRI: We Need Eminent Domain

By: Michael McGuire

NORWICH – The president of New York Regional Interconnect says the company may abandon its $1.6 billion power line project unless the state rules it has the right to take private property using eminent domain, according to documents obtained Friday by The Evening Sun.

NYRI representatives did say it is a possibility the company could seek eminent domain rights from the federal government now that New York state is part of a “National Interest Electric Transmission Corridor.”

According to a U.S. District Court affidavit filed in October, Chris Thompson, president of NYRI, claims the Canadian-backed firm can’t afford to build the line without the authority to condemn private property.

“It is not technically or economically feasible to complete the project without the right to obtain property rights through eminent domain,” he said.

If it were to abandon the project, Thompson says the company would forfeit $11 million it has already spent planning and developing the line.

NYRI has yet to file a complete power line permit application, known as the Article VII, and says it likely won’t until it knows whether or not it can use eminent domain.

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NYRI’s rights came into question in October 2006 when former Governor George Pataki signed into law an amendment that was aimed at removing the company’s previously legal ability to purchase private property without negotiating.

Referring to the law, Thompson said, “it has a direct, current and substantial impact on whether NYRI can and should continue to seek an Article VII certificate.”

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