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State Senate to consider bill to restrict utility land taking
CONCORD — Northern Pass opponents and property rights advocates are headed to the State House this morning as senators consider a bill that would prohibit public utilities from taking private land for operation of a for-profit transmission line.
House Bill 648 would marry rights broadly addressed in Article 12A of the state constitution with state law, RSA 371:1 specifically to limit the taking of private land for private gain in the case of transmission projects, supporters say.
Opponents, including utilities, believe it is not needed and could limit the state’s ability to host projects that could lead to lower power costs.
Northern Pass is a proposed, 1,200 megawatt project that would bring hydro power-generated electricity from Quebec to New England using 180 miles of transmission line from Pittsburg to Deerfield. Now in its planning stages, the project developers, Northeast Utilities and NSTAR have maintained they would work on a willing-seller, willing-owner basis on acquiring rights of way they do not already have on 40 miles in the north, but in hearings have let it be known they might have to resort to eminent domain to complete the $1.1 billion project.
Over the years, utilities have been able to go to the Public Utilities Commission to ask to take someone’s land to provide power to ones’ neighbor, provided they pay the owners full value.
Opponents argue that Northern Pass is different. It is the first participant-funded electric project where the electricity is not necessarily going to be used in New Hampshire and is not needed for system reliability, as deemed by the Independent System Operator of New England.
The House version of HB 648 ran it into trouble in the Senate with its language and went to study for the summer.
In the Senate Judiciary Committee recently amendments were offered by Sen. Jeanie Forrester R-Meredith and Senate President Peter Bragdon and one by Sen. Jeb Bradley, R-Wolfeboro. The committee passed Bradley’s amendment, which states that no utility can threaten to use eminent domain before receiving authority to do so and could be fined $25,000 if they do; and that the offered amount be equal to 200 percent of the appraised value.
It also would set up a study committee to investigate the procedures available to landowners for obtaining a hearing when their land is subject to taking.
The debate gets under way at 10 a.m. when the Senate goes into session. It may include floor amendments and or a floor fight on competing amendments and the senators have been caucusing on the subject with more than 600 emails and untold calls on the bill even before it was voted out of committee.Senate passes eminent domain bill
House Bill 648 would marry rights broadly addressed in Article 12A of the state constitution with state law, RSA 371:1 specifically to limit the taking of private land for private gain in the case of transmission projects, supporters say.
Opponents, including utilities, believe it is not needed and could limit the state’s ability to host projects that could lead to lower power costs.
Northern Pass is a proposed, 1,200 megawatt project that would bring hydro power-generated electricity from Quebec to New England using 180 miles of transmission line from Pittsburg to Deerfield. Now in its planning stages, the project developers, Northeast Utilities and NSTAR have maintained they would work on a willing-seller, willing-owner basis on acquiring rights of way they do not already have on 40 miles in the north, but in hearings have let it be known they might have to resort to eminent domain to complete the $1.1 billion project.
Over the years, utilities have been able to go to the Public Utilities Commission to ask to take someone’s land to provide power to ones’ neighbor, provided they pay the owners full value.
Opponents argue that Northern Pass is different. It is the first participant-funded electric project where the electricity is not necessarily going to be used in New Hampshire and is not needed for system reliability, as deemed by the Independent System Operator of New England.
The House version of HB 648 ran it into trouble in the Senate with its language and went to study for the summer.
In the Senate Judiciary Committee recently amendments were offered by Sen. Jeanie Forrester R-Meredith and Senate President Peter Bragdon and one by Sen. Jeb Bradley, R-Wolfeboro. The committee passed Bradley’s amendment, which states that no utility can threaten to use eminent domain before receiving authority to do so and could be fined $25,000 if they do; and that the offered amount be equal to 200 percent of the appraised value.
It also would set up a study committee to investigate the procedures available to landowners for obtaining a hearing when their land is subject to taking.
The debate gets under way at 10 a.m. when the Senate goes into session. It may include floor amendments and or a floor fight on competing amendments and the senators have been caucusing on the subject with more than 600 emails and untold calls on the bill even before it was voted out of committee.