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.