Suffice it to say that there is some uncertainty regarding the potential use of eminent domain to acquire properties in the path of the ATEX Express pipeline.  Enterprise Liquids Pipeline believes it has the power while certain landowners believe Enterprise does not.  Ohio’s law on the matter is not completely clear, and the issue has yet to be decided by a court.  

The confusion stems from the lack of clarity in the definition of what type of pipelines can use eminent domain.  It is unclear whether the ATEX Express pipeline falls under that umbrella.  It will take a determined landowner owning a piece of property vital to the desired route of the pipeline to challenge Enterprise in the courts for the matter to be decided.  Regardless, Ohio property owners in the path of the pipeline have rights that Enterprise can not violate.


For more information about the eminent domain attorneys at Sever Storey, 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


George Padgitt


Sever Storey


Eminent Domain and Condemnation Attorneys for Landowners