Real Estate & Property Law

Pipeline Issues Ahead in Oregon

By Alan Ackerman

The Daily Astorian argued three interesting topics regarding the natural gas pipeline sought by Oregon Pipeline LLC in the Clatsop County area of Oregon.  The reality is that the Impact Statement needs to cover not only the physical safety issues, but also the environmental issues.  Frequently utilities seek to construct in existing easements in order to avoid the costs of creating new easements, which is also more likely to increase the safety risks.  The security issue as to the safety of the individual is of paramount  importance.  To simply state that a lightning strike is more likely than a pipeline explosion does not satisfy safety, but rather signifies a lack of corporate interest in the individual.  The reality is that the pipeline should be environmentally safe and physically safe for those residing or doing business near the utility easement.  

Daily Astorian

Both the county and Oregon Pipeline boiled the issues in the application down to three main argued topics:

• The impact assessment to the Columbia River Estuary. The company plans to drill horizontally and pass the pipe underneath the water. County staff said the company has not proved that the pipeline project is "water-dependent" and needs to cross the estuary.

• The geotechnical report for certain zoned rural and forest lands. County staff is concerned that building a pipeline through these lands will conflict with the county's standard for the use of natural resources. They are also concerned about the company's policy for dealing with a potential earthquake or landslide in that area.

• The use of existing right-of-ways to plot the course of the pipeline. According to Bunch, the company had originally said the pipeline's route would follow (as much as possible) existing easements, right-of-ways and property lines. However, she said, the company has not done this and has not proved to the county that the current route, which cuts through several properties, was the only feasible route.

Full post as published by National Eminent Domain Blog on July 13, 2010 (boomark / email).