Columbus, OH – The 1851 Center for Constitutional Law today moved to counter the aggressive legal actions taken by Texas Eastern Transmission, a private Texas pipeline corporation, against Ohioans Roger and Lana Barack of Belmont County, alongside hundreds of other Ohio landowners.

The Barack family’s opposition takes aim at abusive eminent domain practices frequently used by private out-of-state corporations to seize Ohioans property by force, and without legitimate compensation.

More specifically, the 1851 Center’s opposition asserts the following:

Recent federal court decisions reaffirm and revitalize the principle that Congress may not delegate its power, including the power to seize property, to purely private companies: taking of Ohioans property without sufficient government oversight is unconstitutional.

Government agencies must provide Ohio landowners with notice of any hearings that may result in government permission allowing the seizing of their properties. In this case, the Federal Energy Regulatory Commission (“FERC”) failed to notify Ohioans of the proceedings affecting their properties.

Federal approval of a pipeline route does not mean that private pipeline companies mayimmediately seize Ohioans private property: the Ohio Constitution prevents “quick takings” other than in the case of roads and emergencies. Even with federal approval, pipeline companies must abide by the Ohio Constitution.

Full story here.

If you think you may be affected by an eminent domain issue and/or are interested in a free consultation, contact our eminent domain landowner attorneys at 1-888-318-3761 or visit us on the web at