New Jersey Condemnation Law

The people of Vermont are up in arms about the Nuclear Regulatory Commissions license renewal issued to Vermont Yankee nuclear power plant. The plant sits on the Connecticut River in Vernon Vermont and provides about 35% of the energy for the entire state of Vermont.

Photo courtesy of www.vtdigger.org

The license was renewed by the NRC in March of 2011 about one year after the Vermont Senate voted against re-licensing the plant due to concerns over radiation leaks.  The owners of the plant filed suit in federal court in April of 2011 arguing that the State law was preempted by federal law.  As reported by the New York Times four days ago, the property owner prevailed.  The federal district court ruled that a State had no power to regulate “nuclear safety” a province solely within the authority of the federal government.

However, it has been suggested that the State could use the power of eminent domain to take the nuclear power plant property.  There also appears to be at least one historic example in support of the idea.  New Yorkers successfully shuttered the Shoreham Nuclear Power Plant in 1985 by creating a public utility authority with the power to seize the stock and assets (i.e. take over) of public utilities operating within the State.  While it does not appear that New York had to utilize the awesome power of eminent domain, passage of the Legislation allowing its use was apparently enough to bring the plant’s owner to the negotiating table.

It will be interesting to see if Vermonters resort to this tactic in confronting their concerns over nuclear power.  It must, of course, be remembered that the United States Constitution provides – “nor shall private property be taken for public use without just compensation.”

So Vermonters would have to pay for what they take if they decide to go that route.  Stay tuned to this one.

Related articles

• Challenging Ellen Brown on how counties (can’t) use eminent domain (fauxcapitalist.com)