The 2003 Legislature opened the door for the use of eminent domain by creating an eminent domain right for another private energy company to build a "clean coal" (actually better termed "slightly less dirty") plan on the Iron Range. That's right, the 2003 Prairie Island Redux Energy bill gave Excelsior the use of eminent domain to construct their power line (at least a 230MV) between Hoyt Lakes and the northern suburbs. It also has some other goodies for Excelsior but are unrelated to the Crown Hydro project.
Granting the use of eminent domain to a private company like Excelsior created a precedent. Not surprisingly, Crown Hydro may be looking at the Excelsior right and saying why not us too! Actually, I think that the Crown Hydro project has gotten a bad rap but it will be tough to build it in the face of what seems to be some pretty stiff opposition from people living near the proposed site. I supported the project when it came to the Dept. of Commerce for review. But, under no circumstances should Crown Hydro, Excelsior or any private entity have the right to sue eminent domain. FYI, all of our Minneapolis legislative delegation as well as their colleagues in St. Paul voted NOT to give Excelsior the use of eminent domain. Jim Bernstein Fulton -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Chris Johnson Sent: Wednesday, September 22, 2004 4:51 PM To: [EMAIL PROTECTED] Subject: Re: [Mpls] Crown Hydro Emilie Quast wrote: > According to the S'Trib, the Crown Hydro project just got a 45 day > extension. > http://www.startribune.com/stories/462/4995488.html > They should have named it "Crown Hydra" I think. > > Emilie Quast > SE Como. A very appropriate nickname, I think. This is the 4th extension Crown Hydro has received on deadline to file an acceptable conveyance of property from the Federal Energy Regulatory Commission (FERC). The other 3 extensions were January 13, May 3 and July 15 of this year, although Crown Hydro's FERC application is more than 13 years old. The FERC letter granting the extension sets some stringent requirements for evidence of progress being made before they will further extend the deadline. (Use Docket Number 11175 at the following web address to search for and read FERC correspondence with Crown Hydro for yourself: http://elibrary.ferc.gov/idmws/search/fercgensearch.asp) One has to give Crown Hydro credit for tenaciousness. One also has to wonder -- just who is behind Crown Hydro that they would persist when the Park Board has voted decisively against leasing the land at St. Anthony Falls to Crown Hydro for this use? Who would dare to even think about using eminent domain -- the only remaining way to get the property without a lease from the Park Board? Even if they succeeded in getting the property this way, their names would be mud in this town for the next 100 years. Imagine how many extremely angry citizens and bureaucrats there will be if some private entity plunders our beloved riverfront and park land via an obscure federal law that sometimes allows for eminent domain takings by such an entity, not the government? (And note that both the Park Board and the FERC believe that this clause in the law does not apply in this case, but that FERC is being generous in allowing Crown Hydro to retain their own eminent domain attorney to get their own legal opinion on the matter.) What kind of people are behind Crown Hydro who would steam-roll popular dissent without qualm? What kind of people would risk endless lawsuits from private citizens and government agencies? I cannot speak for anyone who lives around the St. Anthony Falls area, but many of the names read like a Who's Who of wealthy movers and shakers in town. It seems like they would be the last people one would want to antagonize and insult by forcibly taking park property near their homes. What part of "NO" do the people behind Crown Hydro not understand? Who are they that they don't care that the public and the Park Board have said no? More articles about Crown Hydro here: http://www.mplsparkwatch.org/taxonomy/page/or/9 Chris Johnson - Fulton REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
