Legal Trend. Constitutionality of Eminent Domain for Pipelines. Denbury Meets Federal Courts. 3 Bits informed:intel to watch.

In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.

What to watch:

  • Will the court set a new test for what qualifies for public use by a pipeline?
  • Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
  • How far reaching will the federal court decision be?

Roanoake Times | Landowners ask federal court to intervene before FERC approves pipeline projects

Courthouse News | Pipeline Challengers Call for Eminent-Domain Overhaul