Real Estate & Property Law

Fallston Residents Oppose Pipeline

By Alan Ackerman

Baltimore Sun

Several Harford County residents are protesting a proposed gas pipeline that would run beneath their land by refusing to allow environmental surveyors hired by a natural gas company onto their properties.

"This pipeline might be coming, but I am not going to help them," said Lisa Schneider of Fallston.

As a condition of its approval of the project, the Federal Energy Regulatory Commission required AES, the Virginia company planning to run an 88-mile pipeline through Maryland, to conduct an environmental survey to locate endangered species along its path.

AES hired Environmental Solutions & Innovations Inc., a Cincinnati company, to survey the Fallston area for any Indiana bats, which have been on the endangered species list since 1967. AES sent registered letters to residents who live within 50 feet of the construction right-of-way and requested access to their properties, claiming it "has eminent domain authority" to conduct its surveys even without their consent.  

The statutes in most states allow an agency to seek entry to investigate a potential area for a future eminent domain acquisition through a court order.  However, if there is no statute allowing the entry, the agency seeking to enter for a proposed condemnation will not have the authority to enter.  Further, where there is a statutory provision, the owner who has suffered damage by the entry has a right to be compensated for all damage.

In almost all jurisdictions, an environmental assessment or an environmental impact statement is required.

Finally, approval by FERC or the state public service commission is generally mandatory prior to filing.

Full post as published by National Eminent Domain Blog on September 21, 2009 (boomark / email).