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Title: Legal obstacles and incentives to the development of small scale hydroelectric power in New York

Abstract

The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level are discussed. The Federal government also exercises extensive regulatory authority in the area, and the dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is examined. The first step the small scale hydroelectric developer must take is that of acquiring title to the real property comprising the development site. The real estate parcel must include the requisite interest in the land adjacent to the watercourse, access to the underlying streambed and where needed, the land necessary for an upstream impoundment area. Land acquisition may be effectuated by purchase, lease, or grant by the state. In addition to these methods, New York permits the use of the eminent domain power of the state for public utilities under certain circumstances.

Authors:
Publication Date:
Research Org.:
Energy Law Inst., Concord, NH (USA). Franklin Pierce Law Center
Sponsoring Org.:
USDOE
OSTI Identifier:
5200189
Report Number(s):
DOE/RA/04934-14
DOE Contract Number:  
AS02-78RA04934
Resource Type:
Technical Report
Country of Publication:
United States
Language:
English
Subject:
13 HYDRO ENERGY; 29 ENERGY PLANNING, POLICY AND ECONOMY; LOW-HEAD HYDROELECTRIC POWER PLANTS; FINANCIAL INCENTIVES; LEGAL ASPECTS; REGULATIONS; NEW YORK; CONSTRUCTION; DAMS; EMINENT DOMAIN; ENERGY SOURCE DEVELOPMENT; GOVERNMENT POLICIES; GRANTS; LEGAL INCENTIVES; LICENSING; OWNERSHIP; PROPERTY RIGHTS; WATER RESOURCES; WATER RIGHTS; HYDROELECTRIC POWER PLANTS; MID-ATLANTIC REGION; NORTH AMERICA; POWER PLANTS; RESOURCES; USA; 130400* - Hydro Energy- Legislation & Regulations; 296001 - Energy Planning & Policy- Electric Power Generation- (-1989)

Citation Formats

None,. Legal obstacles and incentives to the development of small scale hydroelectric power in New York. United States: N. p., 1980. Web. doi:10.2172/5200189.
None,. Legal obstacles and incentives to the development of small scale hydroelectric power in New York. United States. https://doi.org/10.2172/5200189
None,. 1980. "Legal obstacles and incentives to the development of small scale hydroelectric power in New York". United States. https://doi.org/10.2172/5200189. https://www.osti.gov/servlets/purl/5200189.
@article{osti_5200189,
title = {Legal obstacles and incentives to the development of small scale hydroelectric power in New York},
author = {None,},
abstractNote = {The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level are discussed. The Federal government also exercises extensive regulatory authority in the area, and the dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is examined. The first step the small scale hydroelectric developer must take is that of acquiring title to the real property comprising the development site. The real estate parcel must include the requisite interest in the land adjacent to the watercourse, access to the underlying streambed and where needed, the land necessary for an upstream impoundment area. Land acquisition may be effectuated by purchase, lease, or grant by the state. In addition to these methods, New York permits the use of the eminent domain power of the state for public utilities under certain circumstances.},
doi = {10.2172/5200189},
url = {https://www.osti.gov/biblio/5200189}, journal = {},
number = ,
volume = ,
place = {United States},
year = {Thu May 01 00:00:00 EDT 1980},
month = {Thu May 01 00:00:00 EDT 1980}
}