Wind energy and eminent domain

Last month, at a special meeting of the Prattsburgh, NY town board, the board voted 3-2 to adopt a resolution authorizing commencement of eminent domain proceedings against landowners unwilling to sign easement agreements with UPC Wind (recently renamed First Wind), a private wind energy developer seeking to erect 36 turbines across dozens of private parcels in town. Following a presentation by UPC on the project plan, the board voted on the resolution. Windaction.org was told that public input from the nearly 100 attendees was explicitly prohibited. An unidentified uniformed individual was on hand to subdue anyone trying to speak.

The resolution cited names and addresses of eight landowners whose property will be condemned to allow UPC Wind to construct, install, and operate underground electrical lines between the wind turbines, and from the turbines to the project substation. Without their consent, the project was stalled.

Just prior to the vote, Board member Charles Shick requested that Town Supervisor Harold McConnell recuse himself stating McConnell admitted to accepting "real estate commissions in at least one land deal last fall involving UPC." McConnell refused and cast the tie-breaking vote. With the deed done, McConnell informed attendees they will be able to express their concerns at a public hearing of the Board to be scheduled within thirty days.

Armed with the threat of eminent domain, UPC Wind and its agents wasted no time pursuing the affected landowners. Windaction.org has learned that landowners are being told to accept a negotiated settlement with UPC rather than lose control of their land by force. As of this writing, we know of one landowner who has caved to UPC's pressure.

Prattsburgh, NY, UPC/First Wind, and Eminent Domain: an update

Last week, Windaction.org reported on the April 21 vote by the Prattsburgh, NY Town Board to initiate eminent domain proceedings against eight (8) specific properties in town and other properties, if needed, as referenced in the resolution adopted. The Board's action was intended to force residents in the community to concede control of their land to UPC Wind (recently renamed First Wind), a private wind energy developer seeking to erect 36 turbines across dozens of private parcels. 

The Board has since scheduled a public hearing for Thursday, May 22, to permit public input on this matter. Those property owners who wish to challenge the condemnation of their property may only do so based on the issues, facts and objections raised at the hearing on the 22nd. Blindsided by the board's vote last month, property owners have only 30 days to understand the gravity of the situation and to mount a fight for their rights. It remains to be seen whether the "public good" will be served by a land taking, but one thing is for sure: These happenings in Plattsburgh, NY, set a dangerous precedent.