Replies to This Discussion

Permalink Reply by Corvette on April 14, 2015 at 10:44pm

Sunoco has multiple suits against land owners in Harrison and Jefferson county for their Mariner 2 East pipeline. Sunoco  knows most people don't have the resources to go to court and will have to give in. The American way-he who has the gold wins.

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Permalink Reply by Puzzled on April 15, 2015 at 3:17am

what good would a restraining order do if they want a row?

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Permalink Reply by Michael Allen on April 15, 2015 at 7:27am

If the pipeline company has the right of eminent domain, it doesn't pay to go through the condemnation process. In every case, the court award will be much less than the company's final offer. This is because the court award is based upon the appraisal of the property affected by the easement plus the rental of the temporary work space for construction. If the company and landowner do not come together on the negotiation, then the company will move forward with whatever legal means that are available to conduct the necessary studies and surveys. Even if a landowner is totally against the pipeline, they are better off going for additional clauses within the easement document to their advantage, and, to counter offer with a higher dollar figure. If it goes to condemnation, the judge will only go with the basic company easement with no special clauses.

The TRO, or temporary restraining order is necessary if the landowner has not granted survey permission or has shown threats to the right of way agent. The company needs access to conduct the survey of the center line of the easement, plus to allow the environmental/cultural crews to do their studies.

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Permalink Reply by Zack Jameson on April 16, 2015 at 2:29am

That's why these pipeline companies want the FERC designation. They have power on their side to flex their muscles and take your land. They love to use their strong arm tactics when the governrment is in their corner

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Permalink Reply by Michael Allen on April 16, 2015 at 3:43am

If it wasn't for eminent domain, there wouldn't be much of an America. No roads, no power lines, no fiber optic cables, and no petroleum products. Unless you are Amish, you wouldn't like it much.

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Permalink Reply by Corvette on April 16, 2015 at 3:52am

Mike Allen, it's people like you that need a pipeline going through your yard. Bet you change your tune then!! Sunoco is taking advantage of landowners through condemnation, BULLY TACTICS

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Permalink Reply by Michael Allen on April 16, 2015 at 3:56am

I have no problem with a pipeline going through my property, none whatsoever. It's people like you that show the need for eminent domain.

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Permalink Reply by Karen on April 16, 2015 at 4:43am

The use of eminent domain is abused. Even if the public necessity can be shown, at least allow landowners the right to properly negotiate without companies bullying (I completely agree with Corvette) them.I still don't see the public necessity in pipeline companies transporting natural gas primarily for export and profit.

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Permalink Reply by Dexter Green on April 16, 2015 at 5:20am

We need roads.  We need gas lines.  Running a country is complicated and sometimes people have to give up something of theirs in order for the whole system to function.  That's the price we pay for living in a civilized society.  

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Permalink Reply by Puzzled on April 16, 2015 at 5:25am

Eminent domain is necessary......abuse of it is not.......fair compensation for what is taken  is just.....but not always reality

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Permalink Reply by Dexter Green on April 16, 2015 at 5:41am

The problem is that the concept of "fair compensation" is a myth.  

Scenario (using fake numbers):

Your property is worth $5,000/ac.  The tax assessment reflects that.  You (not you specifically, but the general "you") complain because the taxes are way too high and you paid only half that when you bought the land eight years ago.  Now here comes ET and they want to condemn the land needed and they're valuing it at $5,000/ac.  But now that valuation is suddenly way too low and you're insulted by their offer.

Fair compensation in an eminent domain situation is whatever a judge says it is.  If the initial offer is too low then get a lawyer and try to do a little better.  But understand that this process--which exists for the reason of public good--is not in your favor.  The deck is stacked against you.  Instead of wishing that there was a new deck you need to play the cards you were dealt.  

Permalink Reply by Dexter Green on April 16, 2015 at 3:53pm

"Why do hack politicians allow a pipeline company to make obscene profits, but deny landowners whose property is being taken a similar obscene amount of profit?"

Because the landowner is not spending $1,000,000,000 to make the transport of a vital fuel easier and ultimately less expensive.  Because the landowner is taking minimal risk by having a line put down and the company is shouldering the massive burden of cost and regulation.  If you want to make "obscene profits" (which BTW is a concept that is foreign to those of us who are capitalists) then start a pipeline company.

"I call BS - $5000/acre for the entire 200 acre farm does not equate to $10,000 for 2 acres cut form the heart of the farm and then having to live with  a very large diameter high pressure gas line forever."

Call whatever you want, but the facts don't change.  There has to be a neat and orderly way to value things when laying an eminent domain line.  It is outrageous to expect a company to pick through every single foot of a 400+ mile line based on the whims of individual landowners.  If they had to do that then nothing would ever get done.  Progress isn't free.

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