Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

hatrack

(59,584 posts)
Mon Jul 31, 2017, 08:51 AM Jul 2017

Here's A Switch: VA, WV Landowners Challenge Pipeline Eminent Domain As "Taking"

Virginia and West Virginia residents opposed to the Mountain Valley Pipeline asked a court in Roanoke, Virginia, to block federal regulators from allowing the pipeline’s developers to confiscate private property to build the 303-mile natural gas pipeline.

In a lawsuit filed Thursday in the U.S. District Court for the Western District of Virginia, the residents challenge the authority of the Federal Energy Regulatory Commission to allow a private company like Mountain Valley Pipeline, LLC, to confiscate property through eminent domain to build such a project. The residents also are seeking a preliminary injunction so that — even if the FERC grants the company final permission to build the pipeline — the company would not be allowed to use eminent domain until this suit is decided.

“Today marks an important day not only for landowners in the path of the Mountain Valley Pipeline but for all Americans, for every citizen in Virginia, West Virginia, and across the United States that values our constitutional right to be secure in our property,” Justin Lugar, an attorney for the law firm Gentry Locke, which filed the case, said in a statement.

The plaintiffs contend that granting Mountain Valley Pipeline the authority to use eminent domain would violate the Fifth Amendment of the Constitution, which requires that private property may only be taken “for public use” and that “just compensation” must be paid.

EDIT

https://thinkprogress.org/landowners-file-lawsuit-over-use-of-eminent-domain-942679e7e040

6 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Here's A Switch: VA, WV Landowners Challenge Pipeline Eminent Domain As "Taking" (Original Post) hatrack Jul 2017 OP
Wow atreides1 Jul 2017 #1
Funny what happens when things get personal Phoenix61 Jul 2017 #2
"But . . . but . . . but . . .but!!!!" hatrack Jul 2017 #3
It is, isn't it? People are so myopic and vindictive that they can't even see that Nay Jul 2017 #4
NIMBY!!!! tazkcmo Jul 2017 #5
Why assume all of these landowners supported other pipelines? williesgirl Aug 2017 #6

atreides1

(16,073 posts)
1. Wow
Mon Jul 31, 2017, 08:55 AM
Jul 2017

Some group should take a poll of those residents!

1. Do you support the use of eminent domain to build a wall on the US/Mexico border?

2. Do you support the Standing Rock resistance to the building of a pipeline?

3. Are you for or against the XL pipeline?

Phoenix61

(17,003 posts)
2. Funny what happens when things get personal
Mon Jul 31, 2017, 09:04 AM
Jul 2017

I've seen many people not "get it" until it happens to them. Nothing like personal experience to gain a little empathy.

Nay

(12,051 posts)
4. It is, isn't it? People are so myopic and vindictive that they can't even see that
Mon Jul 31, 2017, 09:27 AM
Jul 2017

the stuff they LOVE to see happen to "others" like liberals, pesky Indians, brown people, etc., can happen to THEM just as easily. It truly is a massive, tragic (and, IMHO, terminally fatal) flaw in the human race.

tazkcmo

(7,300 posts)
5. NIMBY!!!!
Mon Jul 31, 2017, 09:35 AM
Jul 2017

It's Eminent Domain when our government takes American Native's land but white peoples' land? Outrageous! A-holes

williesgirl

(4,033 posts)
6. Why assume all of these landowners supported other pipelines?
Tue Aug 1, 2017, 12:44 AM
Aug 2017

Just because they live in VA & W. VA? That's a pretty broad brush you're using. Hopefully, this suit will result in helping everyone in the future if they're successful.

Latest Discussions»Issue Forums»Environment & Energy»Here's A Switch: VA, WV ...