Sanborn: Building Guidelines for FERC, Eminent Domain

By State Sen. Andy Sanborn

I wonder what our founding fathers would say if we told them the federal government allows private businesses to take land from owners under certain circumstances with less than adequate compensation.

I can’t imagine they would be too enthusiastic after penning the line “…nor shall private property be taken for public use, without just compensation…” in the seventh amendment to the United States Constitution.

Despite our country being founded on this principle, among others, acquiring land by eminent domain can happen and has happened in many states as the unfortunate outcome of infrastructure related projects. We know that compensation for the taking of property by eminent domain has been characteristically lower than appraised value for homes and therefore not the ”just compensation” promised by the Constitution for something as significant as the loss a family must endure when forced out of their home.

Many have heard about the proposed natural gas energy infrastructure projects that have been introduced in the past year in New Hampshire. If those projects are deemed necessary by Federal Energy Regulatory Commission (FERC), private business would be legally permitted to take land from landowners that suit the needs of their proposed routes. Often times with inadequate and unjust compensation.

This means, households who did not agree to a deal with FERC could be forced out of their homes and left with few options.

Occasionally FERC will abide by or follow closely standards provided by each state and so we need to be ready to provide them with guidelines for how they should operate in New Hampshire.

That is why I’ve supported a bill and amendment that more clearly outlines the terms related to this process, including compensation should eminent domain be a factor, land preservation, and safety.

I do not believe that anyone, be it government, public or private entities have the right to take someone’s land and or home. It’s yours and you have a right to control it. So in an ideal world, I would be able to enact this policy, but in the New Hampshire legislature, there are those who support the taking of property, so we will be forced to find some compromise or risk having little to no protections at all.

My amendment serves to increase the compensation rate to a fair and accurate standard and provides additional guidelines that would protect New Hampshire residents from unconstitutional practices, and put in standards to protect our state’s conservation land.

This bill, HB 572 with my amendment was heard in a recent public Senate hearing and was met with great support.

Under the amendment I proposed, natural gas pipeline or transmission line builders who would take land by eminent domain would not only be required to pay the landowner for the land used, but must offer to purchase the entire property, including any structures or buildings on that land for 300% the appraised value.

By raising the compensation rate, we allow for funds that will contribute to damages incurred throughout the process. We also make sure these projects, if disruptive to families in the state, are providing appropriate payment for their displacement.

I also included a measure that aims at protecting state’s natural resources, as well as public and private conservation land. This element of the bill would require compensation be provided to ensure additional land resources would be preserved if such land was taken away by eminent domain.

This effort would serve to restore protected land and maintain our state’s unique and valuable natural beauty.

My proposed amendment also supports training, appropriate certification, and an emergency plan, provided by the developer for our local first responders in the highly unlikely event that there is an emergency situation involving the pipeline.

As a state with a number of volunteer fire departments and emergency personnel, this is a critical component that would quell some of the uncertainty that our communities are facing.

As a state that values our independence, these protections could mean the difference between preserving our rights and allowing infrastructure projects to interfere with our families and the natural resources that we value so greatly.

With this legislation, I hope to be prepared to work with companies wishing to build natural gas infrastructure in New Hampshire so we have clear guidelines that will allow individual rights to be upheld.

State Sen. Andy Sanborn, R-Bedford, represents Senate District 9 which is comprised of the towns of Bedford, Dublin, Fitzwilliam, Greenfield, Hancock, Jaffrey, Lyndeborough, Mont Vernon, New Boston, Peterborough, Richmond, Sharon, Temple and Troy. He currently serves on the Energy & Natural Resources Committee, Ways & Means Committee and chairs the Health & Human Services Committee.