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.

Feb 4 2018  Updates and Alerts
“Co-Tenancy” Bill Advances Without Changes, Public Hearing Possible Wednesday
Jan 27 2018  Updates and Alerts
“Co-Tenancy” Bill Being Considered by House Energy Committee
Jan 5 2018  Blog
WV-SORO 2018 Legislative Priorities
Mar 19 2017  Updates and Alerts
Forced Pooling Bill Taken Up by Senate Committee
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