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NYCO Constitutional Amendment

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  • #91
    Justin, this is crystal clear in the written amendment (at least to us non-attorneys). If the state does not close this out as written, then they are breaking the law, and should be sued. I'm not usually a big fan of "green group lawsuits against the state" as most are frivolous. But this is one that is solid, and I would support it.

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    • #92
      [QUOTE=TCD;271402]

      However, the later language in the amendment still requires another, secondary swap to take place, exchanging lands "of greater or equal value" than the area disturbed by the testing to the state. If in fact the company has decided not to pursue the primary swap, the state should be pressing them to conclude the business by remediating the site, and carrying out the secondary swap.

      How much land would this secondary swap involve and how much requires remediation?

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      • #93
        I'm not sure of the exact area that was disturbed by the test boring. The total area of Lot 8 is about 200 acres. The test boring was to proceed in 3 phases, but after phase 1 and 2 back in 2015 the company determined they had enough information and did not go through with phase 3. In total, there were ten test boring sites.

        If I had to estimate, I would say about 5% of the 200 acres were disturbed, based on: A 20' wide road to each of ten test sites; and an average road length of 1500' (halfway across the parcel).

        So my guess is that there are maybe 10 acres that need remediation, and for which the state should get lands "of equal or greater value." Maybe there are 20 acres? I really am not sure.

        So it's pretty small potatoes in the end, but I would like to see the state wrap this up, and issue a report.

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        • #94
          It would also be interesting to know what it cost the state to put the amendment on the ballot, and get the word out about it, and if the general fund covered these costs, and nothing came of it, this needs to be factored into any future similar proposed endeavor.

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          • #95
            Originally posted by Lucky13 View Post
            It would also be interesting to know what it cost the state to put the amendment on the ballot, and get the word out about it, and if the general fund covered these costs, and nothing came of it, this needs to be factored into any future similar proposed endeavor.
            I bet the state spent next to nothing to put the amendment on the ballot, at least compared to what they spend/waste on any number of other efforts that ultimately go nowhere.

            I wonder how much money federal and state wildlife agencies spend defending against lawsuits from any number of advocacy groups (to include some here in NY)....I promise you that figure is much higher.

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