Eric de Gruyter, WV Public Service Commission (1)
Does Dominion have eminent domain authority?
Yes, and they explain from their official web site dom.com (2) that:
“Eminent domain is an action of last resort.
Dominion is committed to fair and equitable treatment of landowners
whose property could be crossed by our pipeline, and our first priority
is to reach an agreement without having to resort to eminent domain.”
At the first meeting with officials in Highland County VA on August 5, 2014
Vice President of Corporate Communications Chuck Wade was asked
on the subject of eminent domain; the right companies can have to take land
if negotiations with landowners fail.
Wade responded “we never ever want to get there.
Dominion doesn’t have to go through that process 90-95% of the time.
We work hard to negotiate a fair price with each landowner one by one.
Unfortunately, if we do get to that process,
it’s only after the Federal Energy Regulatory Commission (FERC)
says that what we’re doing is for the public good.”
August 8, 2014 Allegheny Mountain Radio Dominion at Highland Board of Supervisors Meeting Question and Answer (3)
After the first presentation by Dominion in Pocahontas County on August 19, 2014 Commissioner President David Fleming asked if landowners could refuse to allow the pipeline to cross their property.
Robert C. Orndorff Manager for State and Local Affairs responded that Dominion could force construction through the use of eminent domain.
“If we get a FERC certificate, we have eminent domain,” said Orndorff.
“We don’t exercise that unless it’s a last resort option for us.”
“The percentage that we’ve been throwing around is – more than 95 percent of the time we’re successful in not having to use eminent domain,” added Project Engineer Brittany Moody. “We do pretty good negotiating with the landowners.” (4)
At the Dominion Press Conference on September 2, 2014 Dominion’s
Jim Norvelle explained further:
“Dominion only uses eminent domain when they have to.
Ninety-five percent of the time,
Dominion does not use eminent domain,
which would allow a utility to run through
a person’s private property without their consent.
If we need to get eminent domain, that’s way down the road”.
Sept 3, 2014 Charleston Gazette by Caitlin Cook
And from the new official dom.com website for the newly named
“Atlantic Coast Pipeline” we learn that:
“Dominion prides itself on the positive, long-term landowner
and community relationships that it maintains.
Although state regulations do not require landowner permission
to enter the property to conduct these surveys and studies,
we are hopeful that landowners will not object because they are an
important part of the route selection process.”
hearings Ferc reprimanded Dominion
for their interpretation of the law.
for their interpretation of the law.
“Dominion’s exercise of eminent domain authority
granted under Natural Gas Act (NGA) section 7(h)
in any condemnation proceedings related to
the Order must be consistent with these authorized
facilities and locations.
Dominion’s right of eminent domain granted under
NGA section 7(h) does not authorize it to increase
the size of its natural gas facilities to accommodate
future needs or to acquire a right-of-way for a pipeline to
transport a commodity other than natural gas.”
Excellent facts on Eminent Domain at expertlaw.com. (7)
In other states:TEXAS Landowners and Pipelines Look to Legislature for Eminent Domain Reform NPR State Impact, April 17, 2013 (6)
NEBRASKA: Eminent Domain Fight Has a Canadian Twist Oct 17, 2011 (8)
SOURCES
(1) September 9, 2014, telephone interview
(2)
(3)
(4)
(5) http:/www.wvgazette.com/article/20140902/GZ01/140909905/1419
(5) http:/www.wvgazette.com/article/20140902/GZ01/140909905/1419
(8)
