Towns want rights over corporations, Northern Pass

Residents of Plymouth and Ashland will both vote this week on whether to adopt rights-based ordinances.

Such ordinances state that a municipality has the right to veto actions by large corporations, particularly energy projects like the Northern Pass.

Click here to learn more about the debate over the Northern Pass.

Rights-based ordinances and the courts

Federal courts have ruled against similar ordinances in other states because state and federal laws trump local ordinances. The U.S. Supreme Court has also ruled that corporations have the same constitutional rights as individuals.

While supporters of rights-based ordinances acknowledge the ordinances might be defeated in court, they argue the court battles draw important attention to the issue of corporate versus local rights.

Supporters of rights-based ordinances

Supporters of rights-based ordinances argue that towns and cities have a natural right to protect the health and welfare of their communities. Projects like the Northern Pass have the potential to hurt property values, decrease tourism, damage the environment, and even threaten the health of nearby residents. Therefore towns should fight for the right to stop harmful projects.

Opponents of rights-based ordinances

Opponents of rights-based ordinances argue that they are a waste of town resources, since they can result in costly court battles.

Other opponents argue that the state and federal governments rightly have power over towns in this situation because energy projects have far-reaching impacts beyond just one town. If every town had the power to veto unsightly power plants or transmission lines, electricity prices would skyrocket.

A change to the constitution?

New Hampshire supporters of rights-based ordinances have also proposed a state constitutional amendment, CACR 19, that would explicitly give towns power over corporate development.

CACR 19 has a public hearing February 6. After that the bill will get a vote in the House of Representatives. A constitutional amendment must pass both the House and Senate by a three-fifths margin. The public would have to pass the amendment by a two-thirds vote in the November elections.

Do you have an opinion on the power of towns to veto energy projects and other corporate actions? Share your thoughts in the comments below.