When juxtaposing the proposed benefits and burdens of the NYRI project, the public benefit limitation is not satisfied.
142) The legislature in New York State has determined that the NYRI project is not beneficial for the state.
144) The concerns regarding the depreciation of property values as a result of transmission lines such as the one proposed by NYRI run completely contrary to this principle.
Consequently, because the NYRI project will not confer a public benefit upon all of New York State, the implicit public benefit limitation will not be satisfied.
3) NYRI, ARTICLE VII APPLICATION, EXHIBIT 4: ENVIRONMENTAL IMPACT STATEMENT 1-12, http://www.
This legislation was created directly in response to the NYRI project.
48) While the law of Michigan, as discussed in both Poletown and Hathcock, below, does not directly affect the analysis that will be undertaken by the New York State courts in determining whether the NYRI taking satisfies the public use requirement, it is helpful in analyzing how the public use doctrine has been interpreted.
106) NYRI, HEADING OFF NEW YORK'S ENERGY CRUNCH: RECOGNIZING THE BENEFIT OF TRANSMISSION AS ENABLING INFRASTRUCTURE AND RESTORING ITS RIGHTFUL PLACE AND ROLE IN NEW YORK STATE'S BULK POWER SYSTEM 1 (2006) [hereinafter NYRI, HEADING OFF NEW YORK'S ENERGY CRUNCH], available at http://www.
at 1-2 ("Adding new capacity to the bulk power transmission system, such as NYRI purposes, will allow existing surplus resources in the northern, central and western regions of New York State, and in adjacent regions, to reach markets in the lower Hudson valley, and the southeast.
see also NYRI, RENEWABLE RESOURCES: PATHWAY TO MARKET; ADDITIONAL TRANSMISSION CAPACITY IS NEEDED TO KEEP NEW YORK STATE AMONG WORLD LEADERS IN THE DEVELOPMENT AND USE OF RENAWABLE RESOURCES 2 (2006) [hereinafter NYRI, RENEWABLE RESOURCES], available at http://www.
115) NYRI, HEADING OFF NEW YORK'S ENERGY CRUNCH, supra note 106, at 2 (discussing how savings will result from decreased reliance on gas and oil generation, using resources more efficiently, and using the already existing resources at a "greater optimization").
117) NYRI, RENEWABLE RESOURCES, supra note 114, at 2; see also NYRI, HEADING OFF NEW YORK ENERGY CRUNCH, supra note 106, at 4 ("The NYRI Project will make a positive contribution to the security of New York State, and particularly to the electrical power supply on which societal health and commercial prosperity depend.