Sen. Fred Thompson (R-TN) has introduced legislation that wouldrequire pipelines seeking to seize private property for projects topersonally notify affected landowners by certified mail of theirintention at the outset of FERC proceedings, giving them theopportunity to “participate meaningfully” in the process.

The bill was proposed after 50 landowners of Marion County, TN, complained they were taken by surprise when United States GypsumCorp. sought and received from FERC the right to seize interests intheir property to build a small gas pipeline through the county toserve a new plant to be sited in Bridgeport, AL (See ‘MasseyQuestions…’ page 1). Thompson and other lawmakers soughtrehearing of the Commission’s decision and a stay of construction,but their requests were rejected.

“…[W]hat I find especially troubling is that these privatelandowners – my constituents – were never given personal noticethat their land could be taken for this private pipeline project,”Thompson remarked. Current regulations require only that a noticebe published in the Federal Register, a publication that isn’tregularly read by landowners. “In this case, our constituents justfelt that they were completely run over,” a spokeswoman for thesenator told NGI. “It seems like it’s only common sense that nobodywould object to requiring written notification by mail at least.That seems to be the lowest common denominator.”

Although it was not addressed in the legislation, Thompsonraised some concern about private companies being allowed toexercise eminent domain altogether.

“I wonder whether some greater public benefit needs to bedemonstrated than simply the economic value of having a new companylocate in the region,” as in the case of U.S. Gypsum. “…[W]e aretalking about a situation where a private company is essentiallybeing allowed to stand in the shoes of the federal government andseize an interest in the property of ordinary citizens, but withoutcommitting that property to the direct use and benefit of thelarger public.”

Susan Parker

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