Eminent Domain Update

In November 2016, The West Virginia Supreme Court has upheld the Monroe County Circuit Court judge saying Mountain Valley transmission pipeline conveying gas only out of State is not for a “public purpose” to West Virginians and so cannot use eminent domain (and cannot force access for surveying). (Nov, 2016)

Justice Davis wrote the “Opinion of the Court”.  Justice Loughry filed a “Concurring Opinion” agreeing with the outcome.  Justice Ketchum wrote a “Dissenting Opinion” stating that “public use” should be more broadly defined.

We would not be surprised if there is an attempt by the pipeline companies to deal with the issue in the 2017 Legislature.

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