Eminent Domain

easement30If the FERC has determined that there is a public need for the pipeline, they will grant the pipeline company a “certificate of public convenience and necessity”  authorizing the construction and operation of the pipeline.  This would include the taking of land by eminent domain.

 

 

Eminent Domain-Laws and Loopholes that Benefit Fracking and Pipeline Companies

Food & Water Watch – Issue Brief July 2013

Eminent domain is the government’s power to take private land for “public use” as long as “just compensation” is provided, as required by the Fifth Amendment’s “takings” clause.[3] States delegate eminent domain authority to cities, quasi-public entities and even certain private companies, [4] but the degree and type of power varies in each state.[5] Some local governments can further delegate eminent domain powers to specific “designees,” such as a development authority.[6] Indeed, many federal and state eminent domain laws seem to favor or provide explicit regulatory loopholes and exemptions that benefit oil and gas companies. Read more ..

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