Senate rules out eminent domain for Northern Pass project

Nashua Telegraph By KEVIN LANDRIGAN CONCORD – 

Staff Writer  Jan 25, 2012

CONCORD – Property rights advocates won a strong victory Wednesday with the state Senate opposing the use of eminent domain for the Northern Pass transmission line project.

By a two-to-one margin, the Senate approved outlawing eminent domain for any electric transmission line not eligible for federal or regional tariffs as a needed project. The 16-8 passage of the amended language was a key test vote.

Senate President Peter Bragdon, R-Milford, believes Northern Pass could never qualify to use eminent domain with the new language in the legislation.

“I’m very confident it’s air tight,” Bragdon said of the amendment he crafted with Meredith Republican Sen. Jeanie Forrester.

Hollis Republican Sen. Jim Luther was in the minority opposing the move.

“I just think it went too far. We all oppose the use of eminent domain for private development, but the high cost of energy is killing our ability to grow jobs in this state,” Luther said. “We need new energy sources.”

The Senate then passed the amended bill, 23-1 with Derry Republican Sen. Jim Rausch the only opponent.

The bill goes over to the House of Representatives, which has to decide whether it can embrace this change or will insist on their own eminent domain ban language.

Rausch said state law only dilutes the 2006 amendment, known as Article12-A, voters added to the state Constitution outlawing eminent domain for a private project.

“Legislation can be repealed; it can be changed. I believe it weakens it,” Rausch said. “I think this is the wrong approach.”

Forrester noted the Legislature in 2007 passed eight state laws outlawing eminent domain, but omitted the law governing public utilities.

“This is the first test of the true purpose of Article 12-A and the landowners along Northern Pass can’t afford for us to fail this test,” Forrester said.

Senate Majority Leader Jeb Bradley, R-Wolfeboro, had earlier opposed an eminent domain ban on Northern Pass and warned the Bragdon proposal could cede state authority.

“Are we not potentially ceding to regional and federal regulators state jurisdictional authority?” Bradley asked rhetorically.

James Monahan is a lobbyist who represents two opponents of Northern Pass: the New England Power Generators Association and the Society for the Protection of New Hampshire Forests.

“This is a good fit and it protects the rights of property owners which we were looking for,” Monahan said.

Public Service Co. of New Hampshire seeks to build the Northern Pass, a transmission line grid and generating station to deliver 1,200 megawatts of cheaper hydroelectric power from Hydro Quebec through New Hampshire and on to New England.

PSNH spokesman Michael Skelton insisted the project remained on track with no intention to use eminent domain.

“In general, the project has never been predicated on the use of eminent domain,’’ Skelton said. “We have some concerns with what the Senate has come up with because the state is handing over to federal regulators powers the state has had.”

PSNH officials maintain the project can clear federal hurdles for the use of eminent domain.

“Our understanding is that this FERC policy hasn’t been determined yet, and we look forward to working with federal and regional regulators on development of a policy that fully considers projects like Northern Pass,’’ PSNH said after the Senate vote.

The Senate adopted another amendment from Senate Democratic Leader Sylvia Larsen of Concord to create a commission to look at burying the power lines or locating them along state-owned right of way.

“I hope this sends a message that New Hampshire is open for business,” Larsen said. “We want the jobs that burying lines would bring.”

Later Wednesday, the Senate had to scramble and fix the amended bill, HB 648, that inadvertently had struck out Bragdon’s compromise.

Kevin Landrigan can reached at 321-7040 or klandrigan@nashuatelegraph.com; also check out Kevin Landrigan (@KLandrigan) on Twitter and don’t forget The Telegraph’s new, interactive live feed at www.nashuatelegraph.com/topics/livefeed. http://www.nashuatelegraph.com/newsstatenewengland/947724-227/senate-rules-out-eminent-domain-for-northern.html

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Senate passes eminent domain bill | New Hampshire NEWS06

CONCORD – Jan 25, 2012

 

CONCORD - The State Senate Wednesday voted 23-1 to support House Bill 648 related to protecting property from eminent domain.

State Sen. Jim Rausch, R-Derry, cast the dissenting vote.

Sen. Jeanie Forrester’s amendment, which she believes strengthens property owner’s rights over utility projects such as Northern Pass, would not stop the project but, she noted, it would limit threats of taking.

The Republican Senator from Meredith said the amendment was needed to help bolster Article 12A of the NH Constitution, passed in 2006 prohibiting takings of land from private property owners for private gain.

State Sen. Jeb Bradley R-Wolfeboro, who offered a competing amendment, said he was concerned the amendment ceded control to regional or federal regulators in determining whether a utility project was needed.

Sen. Sylvia Larsen, D-Concord, who voted to support the Forrester amendment also brought forward what she considered a jobs friendly amendment allowing for a study committee to look at burying transmission lines in state owned rights of way. http://www.unionleader.com/article/20120125/NEWS06/701259940&source=RSS

 

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