IS PUBLIC USE FOR THE PUBLIC WHERE THE EMINENT DOMAIN IS APPLIED?
DOES PUBLIC USE REFER TO DISTRIBUTION 500 MILES & THREE STATES AWAY?
DOES PUBLIC USE REFER TO DISTRIBUTION 500 MILES & THREE STATES AWAY?
PRESENTED TO THE POCAHONTAS COUNTY COMMISSIONERS
September 16, 2014
EMINENT DOMAIN and PUBLIC USE
Eminent Domain is poison to most land owners. The very idea that the government can take ones land for public use is horrific, let alone when it is a private company.
Most people believe that eminent domain is something that you either “have” or are “given”, neither which is actually true. It is something you can “get” but not after a long and expensive court battle that can extend for years.
2005 - Calhoun Cty, WV a “Code of Conduct for Right-of-Way Agents and Subcontractor Employees”
Potomac-Appalachian Transmission Highline PATH Project
Created because of the massive complaints regarding the rude behavior by Dominion land men.
Potomac-Appalachian Transmission Highline PATH Project
Created because of the massive complaints regarding the rude behavior by Dominion land men.
2008 - Monongalia Cty, WV almost all land owners in the Halleck community in refused to negotiate with Allegheny for their TrAIL power line and it was moved.
- Applying for a rehearing for award of a certificate of public convenience and necessity
- petition for an agency review
- petition for review in district circuit court
Process in local district court: *
- Condemnation action (Natural Gas Act)
- Application made for Eminent Domain
- Appoint commissioners to ascertain just compensation
- After report is made it is either : - set aside, -recommitted, -new commissioners are appointed
- trial by jury can be demanded
“every corporation organized under the laws of or authorized to transact business in the state (including gas companies) may condemn property “for any purpose of internal improvement for which private property may be taken or damaged for public use.”
Kentucky:
“the project was not for public use for the company’s private gain, because the product was being transported through Kentucky for distribution”
In conclusion:
Each of you has under taken a strong position regarding property owner rights.
I ask each of you one question:
Will you remain firm and be boldly supporting the landowners of Pocahontas County,
WV and protect them against the threat of eminent domain?