Eminent Domain for Utility or Pipeline Construction
Protecting The Rights Of Property Owners Facing Eminent Domain for Utility or Pipeline Construction Projects
Under the Fifth Amendment to the U.S. Constitution, no one can be “deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Article I, Section 19 of the Ohio Constitution also guarantees the right of property owners to be compensated for land taken for the “public welfare.”
This is the “takings” clause, which gives the government the power to take private property for a public good. By extension, public utilities, quasi-public utilities and, in some cases, private utilities can take land to build power lines, pipelines, water lines and sewers.
As a property owner who has received Notice of Appropriation, you have the right to contest the notice on two bases:
- You can contest that the taking is for a “public good.”
- You can contest the valuation of your property.
Eminent domain cases involve highly complex issues of fact and law. If a utility or pipeline wants to take your land, you should seek experienced legal representation as soon as possible.
Utility And Pipeline Eminent Domain Attorneys
Clark, Perdue & List Co, is a law firm that vigorously represents land owners in eminent domain cases. Our trial attorneys have the experience, knowledge and resources needed to obtain results in these cases, and when our law firm represents you, we will work diligently to achieve your goals. In most cases, that will mean seeking more compensation for your property, though we can also challenge the appropriation.
Pipeline Eminent Domain Cases
With the fracking boom and increased gas drilling activity in eastern Ohio, land is being taken for pipelines for shipment of the gas to more distant markets. Clark, Perdue & List, can represent you in the hearing regarding the appropriation of your property, and if necessary, in a jury trial to determine just compensation.
Contact A Lawyer
For a free consultation about an appropriation case in Ohio, contact Clark, Perdue & List.
RECENT BLOG POSTS FOR EMINENT DOMAIN
Whenever roadway improvement projects are undertaken in residential communities, local property owners can be subject to eminent domain -- the taking of some or all of the owner's property to accommodate the project. The Powell Road eminent domain project is no...read more
According to records on file with the Ross County, Ohio recorder’s office and Court of Common Pleas, AEP has filed at least five lawsuits and obtained more than fifty easements against Ross County property owners. AEP's eminent domain activities are part of an ongoing...read more
American Electric Power ("AEP") has filed an AEP eminent domain lawsuit against several homeowners in Ross County, Ohio. The AEP eminent domain lawsuit is related to AEP's ongoing Biers Run Substation project near Chillicothe, Ohio. Clark Perdue is defending an AEP...read more
Rover Pipeline LLC estimates that it will pay $124 million in direct payments to landowners for easements needed for the construction of the planned Rover Pipeline. It is possible that eminent domain will be used to procure those easements. The proposed Rover Pipeline...read more
Rover Pipeline LLC made its initial application to the Federal Energy Regulation Commission early this year and will make its final submission in early 2016. Under federal policy for natural gas that is transported for sale across state lines, the pipeline that...read more
Eminent domain update: Rover Pipeline, LLC has released updated maps showing the proposed route of the planned Rover Pipeline. The Rover Pipeline is a new interstate pipeline designed to transport natural gas from the Marcellus and Utica Shale areas in Ohio, West...read more