Bill blocks eminent domain for Northern Pass
Measure takes aim at power line projects
In front of a crowd of supporters Franklin mayor Kenneth Merrifield spoke in opposition to a bill that would block eminent domain being used for the Northern Pass project. Several buses brought supporters to the State House on Wednesday, March 9, 2011, to attend the hearing.Purchase photo reprints at PhotoExtra »
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Supporters of a bill that would slow down a project to carry hydroelectric power from Canada to southern New England turned out in droves for a hearing yesterday, but oppo nents of the measure said the plan needs a chance to be developed and heard first.
The bill was introduced in response to the Northern Pass project, which would carry transmission lines on towers along a 140-mile route from northern to cen tral New Hampshire. A 40- mile section that would come through the northern most part of the state has many residents worried about a drop in tourism and depressed property values – and the possibility that pri vate land may be taken for the project by eminent domain.
The bill sponsored by state Republican Rep. Lau rence Rappaport of Cole brook would prohibit public utilities from asking the state for permission to take private land to build a pri vate, large-scale transmis sion line. He said New Hampshire has more power than it needs and the towers would spoil the beautiful landscape on the tourism- dependent region. Rappa port also was worried the project would put wood- fired power plants in the area out of business.
More than 150 people attended the hearing. Many of them came from northern New Hampshire, as they had a month before to testi fy against a bill that they felt favored the Northern Pass.
“There’s nobody here that loves the idea of emi nent domain,” said Annie Schneider of Plymouth. “It’s a terrifying thought for any body who has to look at it. I 2 col jump box truly do not believe that this is for the greater good. It cer tainly is not for the greater good of New Hampshire.”
Donald Bilodeau, who lives near Clarksville, said he was worried that a power line would destroy “one of the most picturesque views in the North Country” along Route 145, looking west at the forest toward the Canadian border. He said people walk down his driveway to get a better view and take pictures.
John Amey of Pittsburg said he was worried that 90 percent of the property rights needed for the Northern Pass would be taken by eminent domain.
At a previous legislative hearing, Gary Long, presi dent of Public Service Co. of New Hampshire – a sub sidiary of one of the project’s collaborators – said that seeking the use of eminent domain would be “a last resort” and that the project organizers would do every thing possible to work with residents and landowners to arrive at the best possible route.
Yesterday, Donna Gamache, a PSNH spokes woman, said no one at the company could recall using eminent domain. She said the utility believes the state already has a very high stan dard in place for such an action. It is only allowed when the state has deter mined that the project is, indeed, in the best interest of the state, she said.
“We don’t know of any where in the state of New Hampshire where there has been any abuse of this process,” she said.
Gamache noted that the project could provide a major source of low-cost energy for decades to come and that pro ject collaborator Hydro-Que bec is paying for the transmis sion, not electric customers in New Hampshire.
She added that if the bill passed, the state may find itself in a position some day of having to provide and own transmission lines for future power needs. “I don’t think that’s what you want,” she said to legislators on the House Science, Technology and Energy Committee. (next page »)
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to vote
One thing that is usually swept aside by PSNH is the fact that this project is not just about the 40 miles of new right of way that start at the Canadian border. PSNH and the news media usually say something like, "the rest of the route is over ROW that we already own." As if that makes everything OK.
So, since this proposed route runs all the way to Deerfield, nearly the full length of our state, people should check the map and make sure you are not on it before you throw around a NIMBY accusation. Because a very large geographical chunk of New Hampshire is impacted by this project. If you are near or go by one of those power lines with the innocuous 50 foot high silent wooden towers, that could be the "existing ROW" slated for the big babies. Be prepared for the widening of the cut ROW and the addition of 13-story buzzing HVDC towers.
This isn't about my backyard. This is about NEW HAMPSHIRE"S backyard.
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There is no question that the Northern Pass project needs to be discussed and it's implementation revised and reviewed. But is the Northern Pass project wrong? Is it somehow against New Hampshire to have electrical power transmitted through to Connecticut from Quebec? I doubt that anyone can come up with a reasonable reason why this should not be allowed. It's simply the manner by which it does so that has NH citizens upset.
This country needs to address its badly designed power grid. And this project aids those in the New England region to obtain more stable power. I don't see this as a bad thing on the face of it. So argue the methods and the installation, not the overall project. Progress is not always pretty, but it is necessary and its important not to hide in the past.
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Unless they bury the lines for at least those first 42 miles, but that option isn't even on the table. This plan is nothing but a pig in a poke for New Hampshire. It is being sold in a dishonest manner because NH mostly loses out on this deal, and the damage done will be permanent. I guess they figured "those NH hicks aren't bright enough to figure this out, and by the time they do, it will be too late!"
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JKJ, your words sound reasonable, but there is a big piece of substance that can't be avoided.
The substance is that my family, joined by many other principled New Hampshire residents, will not sell out to Northern Pass. Not today, not tomorrow, not next year, not in 10 years. After what we've seen from Northern Pass, it's just not negotiable and never will be. It doesn't matter if the lines are reduced to ten feet tall, are buried, or are downright invisible and undetectable. We won't deal with these people.
We take this position as a matter of principle. In the short public history of this project, Northern Pass has threatened us with eminent domain, told us half-truths, and abused the legislative and regulatory process in front of our eyes. We've had enough.
As JP Morgan famously said, character is the most important thing in business. "A man I do not trust could not get money from me on all the bonds in Christendom."
And a company I do not trust could not get my land, or get me to negotiate, for all the money in Christendom.
That's why there will be no deal here. There are many principled people in New Hampshire who have seen enough of Northern Pass and will not deal with them. That means a constitutional collision is coming. The constitutional eminent domain limits cannot be compromised away.
No matter what the regulators do, no matter what the legislature does, this project will fail. That is the inevitable result of our constitutional system.
to vote
My wife and I travel to Inspiration Point, Bristol, NH many times during the Summer and Fall months just to see the incredible beauty of the Pemi Valley. It’s only a few miles from our homestead. The hike up only takes 10-15 minutes, once to the top, I pull out my folding chair and a good book and marvel at the scenic view.
Please view these video, you’ll never see it again like you are viewing it now!
Bristol, New Hampshire Panorama
http://www.youtube.com/watch?v=qULdcyLJqBE
Springtime at Inspiration Point
http://www.youtube.com/watch?v=xeXkLG0BNy0&feature=related
Picture
http://outdoors.webshots.com/photo/1008518043000101714KpeanqkcRC
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Until now, I had never even heard of the place. Might be an hours' drive up, but could be worth the trip sometime. You do raise a good point, and that is that these towers, as well as the extra clearing that would be involved would be visible from miles away, spoiling views that residents and visitors alike now enjoy.
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There is a huge 10-12 foot tall cross with a dozen benches for Weddings and Easter Services.
Make sure you pick a clear day!
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n/t
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to protect NH land owners from a corrupt land grabbing Government and their Corporate Special Interests!
The Battle of Alamance ended the so-called War of the Regulation, a rebellion in colonial North Carolina over issues of taxation and local control.
http://en.wikipedia.org/wiki/War_of_the_Regulation
In 1764, several thousand people from North Carolina, mainly from Orange, Anson, and Granville counties in the western region, were extremely dissatisfied with the wealthy North Carolina officials, whom they considered cruel, arbitrary, tyrannical and corrupt.
Taxes were collected by local sheriffs supported by the courts; the sheriffs and courts had sole control over their local regions. Many of the officers were deemed to be very greedy and often would band together with other local officials for their own personal gain. The entire system depended on the integrity of local officials, many of whom engaged in extortion; taxes collected often enriched the tax collectors directly. At times, sheriffs would intentionally remove records of their tax collection in order to further tax citizens. The system was endorsed by the colonial governor, who feared losing the support of the various county officials.
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Why, it's surprisingly like feudalism, if I'm not mistaken. I wonder wherever did they find a model for such behavior.
– C. dog
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On one hand, I see the property rights issue...I get it.
On the other hand, I don't see how much infrastructure would get built in a state without some justification for ulgyness (93..89..all the existing power lines)..
Been up north snowmobiling..some parts aint that picturesque...
All I can say is they should have never demolished Reactor #2 at Seabrook.
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They ain't going through the ugly parts.
Doc.
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They put it as close to Vermont as they could
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PSNH had another attack of amnesia at the hearings yesterday. All the lawyers and the suits did not know how many properties would have to be taken by eminent domain for Northern Pass, when the last time (if ever) a presidential permit was turned down, when the last time (if ever) the SEC turned down a transmission project. All these high paid layers, two years of planning, an expense account of $1M a month, and they don't know a single thing about the impacts of this projec?t! You could see the noses lengthening in front of you. You know perfectly well that corporate headquarters know every single statistic about the project; they know more about your land that they want to seize than you do. Ms Gamache had an especially acute attack of amnesia yesterday. She couldn't remember PSNH using eminent domain to seize land in the last 30 years, she couldn't remember a single instance of abuse of eminent domain. Well, maybe Ms. Gamache was just being cute with words. In 2005, PSNH petitioned the NH PUC to seize land by eminent domain from Guildford Rail. PSNH would have used eminent domain if it could have. Instead, PSNH had to settle with Guilford Rail for an undisclosed amount of money to get their land. First the Normadeau scandal, now this performance at the hearing, what would it be like if they ever got to erect the towers. That is not going to happen. Northern Pass is a morass. It should just pull out now. That's what the overhead transmission project in NY ultimately had to do--and it paved the way for the underground Champlain Hudson Power Express.
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I'm not sure I understand that first part, you wouldn't know how many would have to be taken until you started eminent domain proceedings would you? Up until that point you would still be trying to work out a deal I would think. Was the actual question how many properties have rejected offers so far or something like that?
to vote
When PSNH and their hired (but unprepared) guns went into their hour-long filibuster yesterday there were more "material misstatements and omissions of fact" than mere mortals could easily count.
The Northern Pass/PSNH approach to policy analysis is to present half-truths, or maybe even quarter-truths, and do so loudly, shrilly or behind a color brochure.
Scholar is spot-on with the eminent domain point. If a statement is made to the effect that (x) "we can't remember using eminent domain for 30 years", to a normal person this does not mean (y) "we use eminent domain threats all the time and we actually file petitions with the NH PUC to seek eminent domain from time to time, but we haven't had a case go up to final appeal and disposition at the New Hampshire Supreme Court for 30 years because property owners settle".
Concordian, which is closer to the actual truth? Of course it is y, not x.
Until the hearing I believed there was room to have a businessperson's discussion with Northern Pass/PSNH to try to close the space between positions and find a way forward. I no longer believe that, because to me integrity is the necessary precondition to such a discussion. I did not see integrity yesterday.
Be sure to come to the DOE scoping hearings. My family's 10 minutes will be dedicated to documenting before the DOE the pattern of misstatements by NP and PSNH, with a specific request, on the record, to disregard any unverified assertions they make because of the documented unreliability.
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A few years ago to prevent the abuse of eminent domain?
Enough is enough!!!!!
Nhdriver
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I thought so too. Does anyone know why this project would not qualify as a private development under previous legislation to real in Eminently Insane? Furthermore, if the Republicans were serious about moving the good ship lolly-gag toward freedom, they would initiate action to remove Eminent Domain from the NH Constitution, and with it a vestige of royal rule by the Grand Pooh-bahs, whether they wear silly crowns or slick-tailored suits.
– C. dog chips away at NH's Berlin Wall
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Made me think of Ralph Kramden, Ed Norton and the Loyal Order of Raccoons!
-C. Dog gets a cookie from NHD & Duke !
lol
to vote
...some of what your smoking with the rest of us.
Doc.
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Anytime.
NHD
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The problem with getting non oil based energy into our grid.Whether it is used in this state or not is not really the point.We are all in this boat together.
Cutting oil usage in the South helps us in the North.
I think this is just another case of NIMBY.
to vote
though that is one red herring people use to try to disguise the real issues. In 2009, oil-generated electricity in the U.S. accounted for only 1% of generated power: http://www.eia.doe.gov/cneaf/electricity/epa/epa_sum.html
NIMBY? Nope, not even close to the real issues. But, nice try.
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All those people have is their back yards.
Doc.
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Dave –
I doubt you would have this same perspective if you lived in the proposed path. Also, why should those living in the sovereign state of NH pay the price for the flat-cats living in MA-MA Land? Why can't they string up a bunch of towering wind turbines along their coast and rape/reap their own power? Oh, I forgot, it easier to tread on the country bumpkins up north.
You're allowed to reconsider. This is a freedom issue, above all else in my book.
– C. dog smells a fascist frolic through the woods 40 miles away
to vote
That these properties should be allowed to be obtained by the use of eminent domain.
I'm sure a fair price could be reached where they could find a route.
Given the scope of the project and the profits to be gained over many,many years,all these folks should walk away millionairs....set for life.
What say them then?
Some really nice views to be had on Maui.
to vote
Dave,
That is a nice idea, but the lifetime income stream is going to Northeast Utilities, the Province of Quebec, NStar and our own beloved PSNH.
A fair price involves the actual value of the strip of land they take, that''s it, and it is a one-time payment. I have an easement on my land already, sold
to PSNH (or its predecessor) in 1947. The company paid the seller back then a fixed amount and that is the end of it. Now they can do anything they want there and I can't stop them.
If you (or anybody)know something different about how this process works, I 'd like to know about it.
to vote
I'm all for the little guy getting his.
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NH does not benefit, it sacrifices natural resources!
We will not allow Big Corporations and Government to come in and rape NH of it’s natural beauty so that they can export this energy to our southern neighbors.
to vote
http://www.northernpass.us/project-overview/route_map.html
A 135 foot high tower is about the same as a 13 story building every one hundred and fifty yards across the state. Lots of devalued property when you try to sell.
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Why should the State of NH's beauty have to be sacrificed to provide power to Souther New England?? Let them install windmills around the Kenedy compound in Mathas Vinyard to provide them power!!!! Besides, a year ago or so I remember reading an article in the CM regarding Unitil asking for a rate hike with the PUC. Their reason was because electricity usage was on the decline and their revenue was declining. If this is the case, there is no need for this silly project in the first place. This has to be stopped. We need to FIGHT FIGHT FIGHT!!!!
to vote
It seems as thought the Northern Pass would give us cleaner energy source for electrical power. I don't get the public sentiment against this project. I thought we wanted independence from foreign oil, and want to reduce emissions from fossil fuel burning. This project helps us with that.
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Apparently, the desire for oil independence and reduced emissions is significantly dampened when someone supporting such goals is actually impacted by the result of that support.
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Would either of the two prior posters enlighten us as to how much oil this proposed transmission line will save? Careful, you might fall into the miasma.
– C. dog bogs down Northern Pass proponents with logic
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unless we all change to electric heat
to vote
Apparently, energy advocate, you are unaware that the issue here is not oil independence or reduced emissions. The issue is the use of modern vs. antiquated transmission technology. The reason we are fighting this so hard is that NP refuses to even consider alternative transmission methods, the kind from the 21st Century. They insist on using the same kind of towers they always have, and they WILL use eminent domain to do this if we don't stop them. And if they get through this door, you can bet your hat that more lines and more towers will follow.
There are new ways to achieve this transmission without scarring the landscape. They are more expensive. They reduce the bottom line. However, they are feasible. Two projects are ongoing here in New England, one in Vermont/New York, which involves both submerged and buried lines, and one in Maine which involves submerged lines. Apparently the companies involved, one of which is Quebec Hydro, found a way to makes ends meet.
This is a controversy that is going on all across the country as the new larger "energy" corporations become involved in not the production and delivery of power to customers, but the sale and transmission of power to other conglomerates. New York recognized this issue some years back and enacted just the same legislation restricting eminent domain that is proposed here in NH. What a surprise that Quebec Hydro found a way to do the project without eminent domain -- by submerging and burying the lines.
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Have you been to northern Maine lately? I would be willing to be that where these lines are being put in under ground has already been raped of timber. Clearly speculation on my part, but the great north woods of Maine have been cut beyond belief by our Canadian neighbors. This is what scares the hell out of me with them coming down here. Their track records speak for themselves if they are anything like the logging operations that recieve hundreds of thousands in fines for over logging or cutting into deer yards. Take a look at what all the logging has done for harvest numbers in Northern Maine. I know that cutting these sloths for lines would not be as dramatic, but would they be sure to not cut through deer yards and other habbitat important for the continued winter survival of N.H animals?
to vote
Eminent Domain should NEVER be allowed for a private company to use. It is bad enough when the government feels it must take/use private land but for a profit company to be allowed is insane. If they want to do a project then they must bear the full price. If a person does not want to sell then they must find another person.
There should be a law that says this company should have to pay EVERY land owner within sight of this power line, who can show a drop in the value of their land from a realtor, that the company must pay them that lost value at the time they sell the property. Not the value today but the value when sold. Until people start selling houses within sight of these massive towers the true depreciation in price will not be known.
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Great comment!
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"Donna Gamache, a PSNH spokes woman, said no one at the company could recall using eminent domain. She said the utility believes the state already has a very high stan dard in place for such an action. It is only allowed when the state has deter mined that the project is, indeed, in the best interest of the state, she said."
Gamanche goes on to say: ""Many in the energy industry see this as a once-in-a lifetime project ... for low-cost energy ... with the infrastructure being paid by a third party," she said, adding: "This bill will mean New Hampshire no longer participates in these kinds of projects. I don't think that is what you want." (The Union Leader) I wonder why the monitor left out what PSNH thinks YOU WANT! Sounds like the state has already determined...right Donna? Unbelievable!
Lastly, didn't we amend the State Constitution in 2006 regarding Eminent Domain. Prohibiting the "Souter" decision by the Supremes? I really don't think the State's Constitution allows the taking of private land to be given to another private individual for any reason.
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Thanks for this comment, bruce. I had the distinct impression at the hearing yesterday that at least Ms. Gamache thought she had the inside track. I came away with a sense that the playing field is way tilted in the direction of the corporate interests she represents, and she knows it. It was appalling.
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Lest people be confused about big ol' corporations, this project would largely benefit the worst of all kinds of corporations, a government one. It's called Provençe Québeçois. And don't forget how they got the land to generate all this power too. Just ask any Cree you happen to see.
– C. dog takes notes on corporate diversity
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