Should Arizona utilize its' right of Eminent domain and grab control of power plants in its border?

then shut off power to Calif?

Eminent domain (United States, Canada), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (South Africa and Canada’s common law systems) is the inherent power of the state to seize a citizen’s private property, expropriate property, or seize a citizen’s rights in property with due monetary compensation, but without the owner’s consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development. The most common uses of property taken by eminent domain are for public utilities, highways, and railroads[citation needed], however it may also be taken for reasons of public safety, such as in the case of Centralia, Pennsylvania. Some jurisdictions require that the government body offer to purchase the property before resorting to the use of eminent domain.

http://en.wikipedia.org/wiki/Eminent_domain

Arizona falsely threatens L.A. power supply

Los Angeles is the largest of several cities in California voting to boycott Arizona because of its new immigration enforcement law. An Arizona commissioner took the controversy up a notch by suggesting that Los Angeles stop receiving power from its two Arizona-based plants. It’s not going to happen. Arizona can’t turn off the power on its own.

The Palo Verde Nuclear Generating Station is located west of Phoenix. The Los Angeles Department of Water and Power owns 5 percent of the plant and 21 percent of a coal-fired plant on Navajo land to the north.

Up to 25 percent of Los Angeles electricity comes from those two Arizona-based plants.

Then AZ can show LA that yes indeed they CAN shut off power to LA.

http://abclocal.go.com/kabc/story?section=news/local/los_angeles&id=7450784
Attention all: It is NOT federal (no part of the "plants" cross state lines.
sorry intel: Feds don’t trump states in the power arena.

The electric power industry is evolving from a monopolistic industry characterized by vertically integrated electric utilities providing generation, transmission and distribution service to consumers at cost-based rates to an industry where ownership and/or operation of generation, transmission and distribution facilities have been increasingly separated functionally or by divestiture of generating assets. Increasingly wholesale and retail electricity prices are determined by competitive market forces, subject to a regulatory framework that is based on rules that monitor market participants’ behavior to ensure workable competition. Monopoly transmission and distribution service providers generally operate under a traditional cost-based regulatory framework
intel : Do you understand what the commerce clause is? It regulates Interstate Bussiness. Let me simplify if for you. If a man makes a hat and sells that hat in his local State; NOTHING the Feds do can force the many to sell his hats ACROSS state lines. Now expand the concept, if a man (company) make power; …. get it?

3 Responses to “Should Arizona utilize its' right of Eminent domain and grab control of power plants in its border?”

  1. Prince albert Says:

    Ignore the retards here. Of course they should; not only does Arizona have the right, they also have a duty to show that no other State can threaten them.

  2. Capt. T. Sankara of Burkina Faso Says:

    Good Idea, conservative! never mind that would violate numerous commerce interference laws and is commiting a felony against the Federal government

    @OP: Did you even read the article you posted?

    it doesn’t matter if it’s not all Federal. they still can’t do it, as it is power that is shared by the region and is all interconnected; it’s the same reason why California can’t close it’s borders to AZ auto-traffic or air-traffic; it violates commerce laws; this does too.

  3. intelex Says:

    I’m not sure that will work as it is a federal issue. Arizona seizing federal dams… hmmm… Gee, I guess regulators could yank licenses and shut down the nuclear power plants… god, this could get really interesting. It would be like the first political ramblings of the South before the Civil War.

    Oh, yeah… and since power travels over states lines, that pesky little thing called the Constitution gives the right to the federal government to settle disputes amongst states. I doubt killing power to the second largest city in the US and the largest city in a state representing the 5th largest economy in the world… wouldn’t go without severe consequence. And since the feds have bigger guns than the Minutemen and AZ National Guard… it would be over quick.

    What would also be interesting, is if the CA refused to accept cargo destined for AZ, as it does have LA and Long Beach harbors. How are Zonies going to get their WalMart junk from China?

    EDIT: Correct, the physical plant does not cross state lines. However, there are contracts in place that represent commerce crossing state lines. It’s cool, I’m here to educate.

    EDIT: Well, you can say it isn’t true, but that doesn’t make you correct. I’m not sure how old you are, but it required an act of Congress, signed by the President, to deregulate power generation and distribution in America. You might recall ENRON and rolling blackouts in CA during the manufactured ‘energy crisis.’

    So… if the feds don’t have authority over power generation, then they needed to give up that power by passing a law… why? Do you understand what your copy/paste chunk even means? Let me break it down… you can own your trailer, but that doesn’t mean you can deal meth out of it, and you still have to pay taxes and abide by local, state, and federal laws. The Commerce Clause gives the feds a trump card in this issue, over-ruling the States. Check out the rationale for the Endangered Species Act. You’ll find it’s roots in the Constitution under the Commerce Clause.

    EDIT: I guess that you don’t understand what a ‘power grid’ is. Let’s assume that AZ severs all high voltage transmission lines to every other state. That probably the only way one way to circumvent the Commerce Clause and FERC oversight on transmission.

    But you still have that pesky law… Energy Reorganization Act (42 U.S.C.A. §§ 5801–5879) which created the Nuclear Regulatory Commission and gave it sole authority to issue licenses for the use of nuclear fuel. So there goes Palo Verde if the feds get pissed off and decide to play hard ball back on behalf of the second largest city in the US. And geez, that is 35% of the power used by AZ (mainly Phoenix). Wouldn’t that be bad azz? A huge military convoy rolling down Interstate 10 to seize all the fuel rods from the Palo Verde…

    FERC also licenses the hydroelectric dams… there goes SRP. And just to get really fun, FERC could punitively ban shipments of natural gas and oil into AZ, which (last time I checked) doesn’t have their own sprawling well fields. But I don’t expect you to trust in my knowledge, I provided the link below for you to read up.

    Of course, finally, there is other law… such as the ability to take this to court and challenge the eminent domain claim by AZ. As interests outside of the state hold ownership in Palo Verde, the issue subject to federal court jurisdiction. See, there is a process for eminent domain claims. With Arizona’s financial troubles, I’m not sure they will be able to provide ‘just compensation’ to CA interest in Palo Verde and the dams… dey broke.

    Thanks for playing. I am well above the average Y!A contestant.

    -ding ding- school’s out.