In 2013, six different amendments were proposed to the New
York constitution. The most recent in New York’s history, the amendments ranged
from the retirement age of Judges to authorizing casino gambling. One in
particular, however, has drawn controversy as recently as last month due to its
impact on the Adirondacks. Proposition Five proposed to:
“Authorize
the Legislature to convey forest preserve land located in the town of Lewis,
Essex
County,
to NYCO Minerals, a private company that plans on expanding an existing mine
that
adjoins the forest preserve land. In exchange, NYCO Minerals would give the
State
at
least the same amount of land of at least the same value, with a minimum
assessed
value
of $1 million, to be added to the forest preserve. When NYCO Minerals finishes
mining,
it would restore the condition of the land and return it to the forest
preserve.”
In essence, the proposal gives 200 acres of the Park to the
mining company, NYCO, in exchange for 1,500 acres of land and the return of the
200 acres once the company is finished. Governor Andrew Cuomo praised the
amendment as an opportunity to both safeguard local economies (through the mining
company) and simultaneously “protect the integrity” of the park. At the time,
even the New York Times editorial board supported the proposition, arguing that
the deal with NYCO was a win-win situation (getting an arguably better area,
and larger, in return for land that would be given back eventually anyways).
So where’s the controversy? Initially, there was little,
although the amendment passed relatively narrowly: election results in the
state show 1,276,592
for Yes and 1,122,055 for No. One of the groups in opposition, Protect the
Adirondacks!, however, has recently accused state officials of unconstitutionally
passing the bill. NYCO argues that the
Department of Environmental Conservation (DEC) acted unconstitutionally by using
State funds in a partisan effort to sway the amendment in favor of passing. The
State government, as of January 31, has officially challenged the inquiry by
Protect the Adirondacks! and refused their request for investigation.
Proposition
Five is a highly controversial topic, as one of only 15 amendments ever to
Article XIV (“Forever Wild”) of the New York Constitution. It remains to be
seen if opposition has enough evidence that the DEC acted unconstitutionally.
Either way, it is in the interest of the future of the park that this issue at
least stays in the press; constitutional or not, such unprecedented change
deserves persistent scrutiny.
I think that this is a very well written article. I liked how you clearly explained what exactly the proposal was and how volatile politics concerning the Adirondacks are. I do wonder why exactly this bill is so vehemently opposed if some consider it a "win-win" situation. It's also interesting how the government refused a request for the investigation. It will be interesting to see what happens to amendment and future amendments regarding the park.
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