A RARE VICTORY FOR NATL GAS PIPELINES - Did you know the fed govt can make it legal for a private business to take state property?

bendog

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Mar 4, 2013
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Dog House in back yard


And private property too
Under 15 U. S. C. §717f(h): “When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas . . . , it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts.”
 


And private property too
Under 15 U. S. C. §717f(h): “When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas . . . , it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts.”

I haven't read the ruling but it sounds like they're just upholding the law. Even if it was a badly justified law. Congress basically ceded their power of eminent domain under the Natural Gas Act.
 


And private property too
Under 15 U. S. C. §717f(h): “When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas . . . , it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts.”

I haven't read the ruling but it sounds like they're just upholding the law. Even if it was a badly justified law. Congress basically ceded their power of eminent domain under the Natural Gas Act.
All hail the petroleum overlords.
 
An individual is not in total control of that so called private property they purchased. You are merely renting it until yous die.
Apparently so. But in Mississippi - back before our state supreme court took away voter initiative power to enact laws purely through popular vote - we passed a law making it illegal for the STATE to take private property and then deed it over to another private property. The state took some land from a poor black farmer and gave it to Nissan to build an autoplant. And the black farmer didn't want to sell even for a pretty penny, because he wanted to leave the land to his kids because it was the only way to preserve their way of life.

It seemed unfair to most of us.

I just wonder if the federal govt can do what we said the State could not. I'd never considered that question before. It just seemed interesting.
 


And private property too
Under 15 U. S. C. §717f(h): “When any holder of a certificate of public convenience and necessity cannot acquire by contract, or is unable to agree with the owner of property to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line or pipe lines for the transportation of natural gas . . . , it may acquire the same by the exercise of the right of eminent domain in the district court of the United States for the district in which such property may be located, or in the State courts.”

I haven't read the ruling but it sounds like they're just upholding the law. Even if it was a badly justified law. Congress basically ceded their power of eminent domain under the Natural Gas Act.
That's true, imo. But legal don't make sumpin rat. LOL
 
An individual is not in total control of that so called private property they purchased. You are merely renting it until yous die.
Apparently so. But in Mississippi - back before our state supreme court took away voter initiative power to enact laws purely through popular vote - we passed a law making it illegal for the STATE to take private property and then deed it over to another private property. The state took some land from a poor black farmer and gave it to Nissan to build an autoplant. And the black farmer didn't want to sell even for a pretty penny, because he wanted to leave the land to his kids because it was the only way to preserve their way of life.

It seemed unfair to most of us.

I just wonder if the federal govt can do what we said the State could not. I'd never considered that question before. It just seemed interesting.
You're about 20 years behind the curve.

 
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An individual is not in total control of that so called private property they purchased. You are merely renting it until yous die.
Eminent domain is often abused. My first business was forced to find a different so the city could put a 4-lane road to relieve other east-west routes that were clogged up at 7 am, 12 and 5 pm. We were given half price for the lot and rental unit we had to give up. And I had to pay rent My business couldn't afford for years. A few years down the line, a federal irs representative chewed me out for not making a profit. Who do the feds think they are. I spent all those years making children's quilts for handicapped kids, fatherless, wounded warriors in my state, hospice residents, fire victims who had nothing warm, fundraisers for the symphony, a beleaguered art gallery, and the homeless shelter. I never took time for self pity that the business at its best broke even without ever putting bread on the table. Fortunately, my son won a fully paid scholarship to the state university for his hard work in junior and high school with a lot of benevolence to helping out other students who were lagging behind. He also pitched in to help out at the shop. OK, Ok, ya had to wear combat boots if you ever dared enter his bedroom. < giggle> And when he tested out of several classes his freshmen year of college, he used his spare bonus time to tutor computer basics to his fellow students so they could pass their advanced classes. And when he came home, he acted like I was doing him a favor to let him work on several Saturdays because he loved being in the shop and helping people. What a great son.

I was lucky.
 

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