Legal Trend. Pre-condemnation Access. Landowners Need Opportunity to Negotiate via the flowering dogwood state. What you need to know:

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

  • landowners should have a reasonable opportunity to negotiate
  • the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to protect landowners?

  •  the pipeline must deposit an amount 3 times the appraised value of each parcel it plans to condemn with a federal district court clerk.

    • If the appraised value is less than $3,000, then ACP, LLC must deposit $9,003.

  • The utilities also must obtain a bond twice the appraised value of the parcels

NC Policy Watch | BREAKING: Federal judge rules in favor of two landowners in Atlantic Coast Pipeline case