Monday, May 14, 2012

Ohio Judge: Pipeline Company's Plans for Land Trump the Desires of the Landowner

From the Herald Star:
A common pleas court judge ruled a pipeline company will be allowed to do survey work on farmland off county Road 39, Bloomingdale, following a brief hearing Friday.
Enterprise Liquids Pipeline of Houston filed for an injunction on May 4 seeking a court order to enter the property. Nancy M. Hyde of 3876 county Road 39, Bloomingdale, the owner of the property, and David Hyde of 2426 county Road 39, Bloomingdale, a relative who is authorized to make decisions for her, were named as defendants.
Enterprises Liquids Pipeline is conducting survey work for the location and construction of a liquid ethane pipeline that would run from Appalachia to Texas. The proposed pipeline will transport liquid ethane produced from the Marcellus and Utica shale formations in Pennsylvania and Ohio westward across Ohio to ethylene manufacturing plants in Texas and Louisiana. Liquid ethane is a key component in the manufacturing of plastics.
The company claims in its lawsuit that, as a pipeline company, it has eminent domain powers under Ohio law.
ELP has to obtain rights of way on about 1,200 tracts of land in Ohio, and is under a tight schedule so construction of the pipeline can start early next years, the lawsuit stated.
The company has already obtained permission from nearly all landowners for the survey work.
David Hyde told Jefferson County Common Pleas Judge Joseph J. Bruzzese Jr. that he has an agriculture district that he believed protected his farmland from eminent domain. But the judge told Hyde the section of state law on agriculture districts doesn't apply to the installation of utility pipelines. The judge said there is nothing in state law to prevent Enterprise Liquids Pipeline from entering the property to do survey work.
Read the rest of the article here.

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