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Lawsuit Seeks Answers to Questions about Use of Eminent Domain for Pipeline Project

Opponents of a proposed natural gas liquids pipeline Thursday filed a lawsuit hoping to clarify whether eminent domain could be used for the project.

The Bluegrass Pipeline would carry natural gas liquids from drilling operations in the Northeast to processing plants on the Gulf of Mexico. For the past few months, pipeline company representatives have been approaching landowners, trying to purchase easements for the project. But while the company says it believes it has the power to condemn property if necessary, Kentucky legal experts have disagreed.

Penny Greathouse is a board member of Kentuckians United to Restrain Eminent Domain, the group that filed the lawsuit. She says the uncertainty is a problem for landowners considering whether to sign contracts with the pipeline company.

“I feel like there’s a lot of easements that have been signed because the person themselves have felt like they would rather be on the top end as opposed to on the lower end and they feel like they don’t know if [Williams] can take their property or not, so they’re just going to go ahead and sign, just to be done with it.”

By filing the  lawsuit, the pipeline’s opponents are hoping to find out the court’s interpretation of the law before a landowner ends up in court over the matter. They’re hoping for a decision in January.

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