The legal question has long been settled on this.

Reader comment on: WSJ CEOs Tout Eminent Domain

Submitted by Lyle (United States), Nov 23, 2009 16:46

Since the public benefits from the transmission line the utility has the right of eminent domain with puc or similar body approval. The same is true of pipelines. (this came about due to Standard Oil versus its competitors 120 years ago). Also a railroad can take property if it needs to to build a line. All of these uses either allow the public to get better service from a utility, or better transport service.

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