What about the New York law that requires utilities to give notice to Villages and residents before a utility pole is placed?

New York Public Authorities Law ("PAL") § 1020-ii entitled, "Public notice before approval of utility transmission facilities," is a relatively new law that was signed by Governor Cuomo on December 28, 2018. The law falls under Title 1-a of Chapter 43-a of the Public Authorities Law, known as the "Long Island power authority act." PAL § 1020. As such, the notice requirements apply directly to LIPA, not the MTA/LIRR. Notice, if applicable, is required to be given to local governments and residents only within 500 feet of the proposed action. As stated above, the MTA/LIRR has expressly stated, and so has LIPA, that the poles are the property of the MTA/LIRR.

The law does not include any provisions stating what damages or penalties should be imposed or what actions a court is authorized to take for violations of the law. There is nothing in the law that states that violations of the law result in removal of utility poles.

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1. Who owns the poles?
2. Did MTA/LIRR ask the Village in advance for permission to place the poles where they are?
3. What about the New York law that requires utilities to give notice to Villages and residents before a utility pole is placed?
4. What about allegations of supposed conflict of interest?
5. Is landscaping going to be done to mitigate the poles and walls and replace removed vegetation?
6. What is the conclusion?