Real Estate & Property Law

CO2 Pipeline Proposition

By Alan Ackerman

IBJ.com

 The measure declares that the transportation of CO2 by pipeline 'is declared to be a public use and service, in the public interest, and a benefit to the welfare of Indiana,' citing its potential to reduce carbon emissions and to promote economic development.

'Granting eminent domain to a private entity is reason enough, we think, to oppose this bill,' said Kerwin Olson, program director for Indianapolis-based Citizens Action Coalition.

There is a growing chorus of opposition to CO2 pipelines premised upon giving the entities controlling the pipelines the authority to acquire by eminent domain.  

CO2 creates fear of danger to those who reside or work near the pipelines. That can be taken care of, at least in part, in the form of payment of just compensation.

However, the Citizens Action Coalition of Indiana is touching a very raw nerve in noting it is a private entity acquiring.  
    
The question regarding many of these CO2 pipelines will end up being whether there is some type of regulatory control over the entity in which the State benefits in the form of taxation or separation fees.  Further, the regulation must and should have some control over the extent that the pipeline developers can profit.

Full post as published by National Eminent Domain Blog on February 23, 2010 (boomark / email).