Eminent domain is largely a state issue.

Reader comment on: Keystone Eminent Domain

Submitted by Lyle (United States), Jan 23, 2015 18:22

First eminent domain is largely a state issue not a federal issue, the pipeline uses state law here. Second the very definition of soverignty includes the ability to take property for state favored uses. The engilsh model is of course that all land belongs to the crown and the crown can if needed take its grants of land back (see Henry VIII) The constitution clearly in the 5th amendment contemplates eminent domain but provides for just comphensation for the taking.

Recall that the inablity of pipelines to get eminent domain over railroads in the 1880s was one of the ways Standard Oil blocked competitors from building pipelines. (The Tidewater pipeline ran from W Pa to the coast at Philadelphia, but had to cross railroads to get there)

Now the only question is should for private uses the charge be 150% of the fair market value.

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