The Mountain Valley Pipeline might have gotten a favorable ruling out of the Fourth Circuit earlier this week regarding the use of eminent domain, but the road has been very rocky for Dominion Energy’s Atlantic Coast Pipeline. Work has started and stopped due to lawsuits; permits have been issued, challenged, and revoked; and the projected cost has gone from original estimates of $4B to more than $7B. Dominion now estimates that full service won’t begin until 2021 – a year behind schedule.
A recent article that appeared online via the Mooresville Citizen covered a public meeting hosted by the North Carolina Department of Transportation regarding the Oates Road widening project. NCDOT hosts such meetings all over the state, nearly year round, ostensibly giving the public the opportunity to view maps, ask questions, and learn how a specific transportation project might affect their property.
It appears that another natural gas pipeline crossing through Virginia – no, not the Atlantic Coast Pipeline, but the Mountain Valley Pipeline – has hit a surprise hurdle.
HB3 would amend Article I of the North Carolina constitution to add Section 38, entitled “Eminent Domain”: Private Property shall not be taken by eminent domain except for a public use. Just compensation shall be paid and shall be determined by a jury at the request of any party.” Continue reading “House Bill 3: Protecting the Landowner?”
The landscape of eminent domain law in North Carolina saw changes both big and small in 2016. The NC Supreme Court affirmed the Court of Appeals’ decision in the Kirby case, marking a monumental shift towards protecting property owners’ rights. As a response, the North Carolina legislature tried their best to contain the damage and limit compensation to those affected landowners. The repercussions of these changes will ripple in the State for years to come. Continue reading “Eminent Domain Year-In-Review”