March 14, 2019 / 11:29 AM / in a month

Mountain Valley Pipeline can take land without taking subsurface coal – 4th Circuit

When the developers of the Mountain Valley Pipeline took an easement by eminent domain over coal-producing property in West Virginia, they were not required to condemn the coal, mineral or other subsurface rights to those properties, a federal appeals court held on Wednesday.

The 4th U.S. Circuit Court of Appeals said that once a pipeline has been authorized by the Federal Energy Regulatory Commission, the developer has “the sole power to define the extent of the taking” and a court cannot force it to take more.

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