September 6, 2017 / 10:38 PM / 2 years ago

Landowners sue FERC over eminent domain for pipelines

Dozens of landowners in the path of two large pipelines in West Virginia, Virginia and North Carolina have sued the Federal Energy Regulatory Commission, challenging the constitutionality of eminent domain provisions of the Natural Gas Act.

Filed on Tuesday in District of Columbia federal court, the lawsuit questions FERC’s conferral of condemnation rights to pipeline companies, saying it violates the takings clause of the Constitution’s Fifth Amendment. Under that clause, property can be taken only if it is for public use, but FERC’s standard of proof for the need for a project is “so low as to be meaningless,” the complaint said.

To read the full story on Westlaw Practitioner Insights, click here:

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