Eminent domain..it ain't over yet
Posted On Thursday, February 22, 2007 at at 3:16 PM by DanRemember how the state legislature was falling over themselves to pass legislation about eminent domain? This was after the Supreme Court expanded government's ability to take your stuff. This was also the year after the same legislature tried to expand it's ability to take your stuff. Seems the issue isn't dead. This story is from the Macon Telegraph.
Senate panel approves measure to give pipeline builders more power to take land
GREG BLUESTEIN
Associated Press
ATLANTA - A Senate panel cleared the way Wednesday to give petroleum pipeline companies more power to seize land along existing pipelines.
If the bill is approved, pipeline companies would no longer have to meet a series of hurdles imposed in 1995 if the construction is within 75 feet of current lines.
Supporters of the measure say the extra hurdles are time-consuming and unnecessary, as all projects would still have to be cleared by state environmental officials and must abide by stricter eminent domain standards approved last year.
Critics say the pipeline companies are fostering a false energy crisis as a pretext to grab more power to take land, and warn that the measure could eventually be expanded to give other utilities similar powers.
The measure, sponsored by Sen. Ross Tolleson, is designed for Colonial Pipeline, which hopes to beef up a 500-mile line from Baton Rouge, La. to Powder Springs, Ga. The $1 billion project includes a 46-mile stretch through west Georgia and can't go forward unless the additional hurdles are removed, said Sam Whitehead, a lobbyist with the company.
"You can't expect investors to invest this much money in infrastructure if they can't be confident in the process," he said.
The additional steps were required by a 1995 law passed at the urging of south Georgia landowners who feared a pipeline would be built to the Florida border. The hurdles include requirements that utilities get an environmental certificate from state transit officials and hold a hearing to prove a public need for the project.
Since then, utility companies say no new petroleum pipeline has been built in Georgia. That's also provided fuel for opponents of the bill, who question why lawmakers are considering changing a process that's never been tested.
"Why would you change the law when they never tried to use it?" asked Ed Hallman, an attorney for Tall Timbers, a nonprofit representing south Georgia residents.
He argued that the measure would roll back property rights and could be manipulated by other utilities, such as Atlanta Gas Light, which backed a failed bid in 2006 for a measure that would have passed the costs of a new $300 million pipeline to ratepayers.
The proposal's backers said it would help Georgia meet its growing energy needs. Some 3 million more people will move to the state by 2020, said Sen. John Bulloch, R-Ochlocknee.
"And I promise you, they aren't coming with bicycles," he said.
"If we don't have the capacity to meet the needs, we're going to have to ship it by trucks. Do we want that many more trucks in Atlanta?"
The Senate Regulated Industries and Utilities Committee easily approved the bill, which could be considered by the full Senate as early as next week. The lone dissenter was Sen. Regina Thomas, D-Savannah, who said she's not convinced of the need for the measure.
"I don't think I've seen a pipeline bill I like yet," she said.
ON THE NET
Senate Bill 173: http://www.legis.state.ga.us