The controversial Dakota Access pipeline is back in the news as 14 Iowa landowners have asked that the Polk County District Court review to the Iowa Utility Board’s (IUB) ruling allowing the Dakota Access pipeline to be installed onto their property. According to a report1 published in the Ames Tribune, attorney Bill Hanigan filed a brief on September 30 in preparation for an oral argument scheduled for December 15. In the brief, Mr. Hanigan argues that the IUB misapplied Iowa law in allowing the project to move forward.
This is not the first time the landowners have petitioned the Polk County District Court for relief. Earlier this year, the landowners asked the court to temporarily delay the construction of the pipeline while their lawsuit was pending. The court denied this request, and reports indicate that the pipeline was installed on their property.
The Iowa landowners are not the only group opposed to the construction of the Dakota Access Pipeline. National Public Radio reports 2 that hundreds of Native Americans from through the United States have established a camp near in North Dakota near the location where the pipeline is being built. They are protesting the construction of the pipeline, claiming that is could disturb sacred sites and affect the drinking water of Standing Rock Sioux Tribe’s reservation. Reports indicate that the protests have turned violent.
Eminent Domain is Subject to Constitutional Limits
The government’s power of eminent domain is not without limits. Any taking must be for a public purpose and landowners must receive just compensation for the land that is seized. In many cases, whether a proposed taking is for a “public purpose” is an open question, and many landowners have viable arguments against eminent domain. For this reason, every attempted exercise of eminent domain should be reviewed by an attorney familiar with this area of law.
Contact an Eminent Domain Attorney Today to Discuss Your Case
Not every attempted exercise of eminent domain is legitimate. The most effective way to protect your land and ensure that you are adequately compensated if the government does take your property is to retain an experienced eminent domain lawyer immediately. For a free case review, call Sever Walker Padgitt today at 888-318-3761 or contact us online.
1http://www.amestrib.com/news/20161001/landowners-file-brief-to-stop-bakken-pipeline
