Use of eminent domain threatened by NANCY MADSEN

Upstate NY Power is backed by the global investment and advisory firm Babcock & Brown Limited. Babcock & Brown or its affiliates have never used eminent domain to obtain land, spokesman Matthew Dallas said.

"We're working for a voluntary transfer of the easements required," he said. "We're offering significantly more than the fair market value."

But if a landowner doesn't participate, the company will look for alternatives, he said.

Upstate NY Power does not have the authority to wield eminent domain, at least not yet. Upstate NY Power was formed through the state's transportation law, which potentially gives it the ability to use eminent domain to obtain easements for electricity transmission.

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