The Dakota Access Pipeline has been a hot topic in the news recently. Over 1,000 people are part of the North Dakota encampment that is protesting the pipeline. The proposed pipeline has many legal implications and the controversy has already been to court once.
To recap, the Dakota Access Pipeline is a planned pipeline that would transport oil from wells in North Dakota through South Dakota and Iowa into Illinois. The project costs an estimated $3.8 billion and is mostly completed.
Native American tribe Standing Rock Sioux opposes the portion of the pipeline that would run near the Sioux reservation. The Sioux argue that the pipeline threatens public health and welfare as well as water supply and cultural resources.
Legal Issues Present in Pipeline Fight
Energy Transfer Partners is the company attempting to build the pipeline. They have utilized several legal methods to get permission or attempt to get permission to use the land. In Iowa, eminent domain was used. Thus, the government took the land needed to build the pipeline and paid fair market value for it to landowners.
In North Dakota, where the protests are now being staged, Energy Transfer Partner used voluntary easements, which allow them to use the land for the pipelines. Using an easement, the oil company does not own the land, rather they have the right to put a pipeline on it. Energy Transfer Partner has never attempted to use eminent domain in North Dakota.
Contact our Knowledgable Eminent Domain Lawyers Today
If you are concerned that eminent domain may be used for a project on your land, contacting a condemnation lawyer as soon as possible will mean that you will have the best chances of winning your dispute. Eminent domain law is a complicated subject and a qualified property law attorney will be able to determine what options and strategy is best for your case. There are multiple legal mechanisms that a group seeking access or ownership to your land can use.
Attorneys at the law firm of Sever Storey, LLP zealously represent landowners in states including Indiana, Kentucky, Ohio, Indiana, and North Carolina. Call us today for help at 888-318-3761.
