Eminent Domain & Pipeline ROW

Most states have eminent domain laws. With regard to pipeline right of ways (ROW) those laws may allow companies to take private land for the use of pipeline ROW. Federal Law may also allow a company to use eminent domain to take private land for pipeline ROW.

In each case whether it be state or federal there are specified procedures that the company must follow. In each case the burden of proof is on the company not the land owner.

First: the company must prove that the pipeline easement (ROW) is necessary, an achievement in itself.

Then the company must prove that it and the land owner were not able to reach an agreement about the ROW. Included in that agreement is adequate compensation.

The procedures that the company must follow just to prove those two issues and the hundreds of others required to obtain eminent domain are quite cumbersome. Not to mention the public hearings and appeals process. A land man that uses this threat should be shown the door.

One of the most important protections of our U.S. Constitution and state Constitutions is the protection of personal property rights. The laws of eminent domain were written with regard to our rights of personal property. This is a long row to how for a company, and you will find a row they don't want to hoe.

Don't be intimidated by these people. Stand your ground, you hold the aces in the deck.

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Replies to This Discussion

015334grltd9mPermalink Reply by 015334grltd9m on February 19, 2013 at 2:13am

I lived through eminent domain in four states.

Permalink Reply by Mark McGrail on February 19, 2013 at 3:20am

Ron,

It's not an easy process is it ?

Permalink Reply by gary smith on February 19, 2013 at 4:08am

most americans don't realize that your government, at all levels, can take your property to raise TAX BASE. tax base is now on par with schools and roads and other public uses. so now some failed dem run city can take your land and give it to a private business to develope because they will pay more tax than you.

Permalink Reply by Kathleen on February 19, 2013 at 1:17pm
I do not believe that will happen when it comes to leasing or pipes in ohio. Yes I have found a few acres pushed into a unit and I bet someone gets pushed into a pipeline at some point but I do not believe this will be common nor will it be on large tracts of land. I bet we hear it happen to someone who is holding up the line over a few feet.
The federal government and utilities have different rules than a private co must live by.
People need to know if they are told "we will just take it anyway" they can just kick the landman out the door.
Permalink Reply by Kathleen on February 20, 2013 at 4:19am
I agree. My response was to Gary since he was making it seem if you were new that this can just happen.
Permalink Reply by gary smith on February 20, 2013 at 4:48am

if you were new? i don't understand what that means. what i meant by my post was an illustration of how far the politicians and judges have gone in taking our rights. and that we need to stop them from doing that. you could call me an alarmist.

Permalink Reply by Kathleen on February 20, 2013 at 4:55am
Many people just stop by here when they have something new come up.
They are new and the information they are looking for is new to them.

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