A Licking County landowner, with the help of a non-profit legal aid society, is taking a stand against Enterprise Liquid Pipeline. The company wants to purchase his land for the ATEX Express pipeline, which will go from Ohio to the Gulf Coast. When the landowner said no, Enterprise threatened to use eminent domain to take his property.
The landowner believes he has found a way to prevent this from happening. He and his legal team believe that Enterprise and the ATEX pipeline do not fall under Ohio’s eminent domain statutes. ATEX will be transporting ethane, a liquid byproduct of natural gas. Ohio Revised Code 1723.01 only allows for use of eminent domain for pipelines carrying natural or artificial gas, petroleum, coal or its derivatives, water or electricity. The landowner also believes that Enterprise is not a “common carrier” under Ohio Code. This would prevent Enterprise from exercising the power of eminent domain.
So far, Enterprise has not attempted to use the power of eminent domain, and it is not known if they will. It appears that the company is planning to avoid the property. Click here for a full story on the situation.
For more information about the eminent domain attorneys at Sever Walker Padgitt, or if you are involved in your own eminent domain dispute, please contact our office at any time at 1-888-318-3761 or visit us on the web at https://landownerattorneys.com/.
George Padgitt
Sever Walker Padgitt
Eminent Domain and Condemnation Attorneys for Landowners
