The challenge is that more eminent domain is on its way through many back doors. In addition to economic development takings using the Kelo or “blight” approach, we are in the midst of natural resource development takings in pursuit of shale gas (as in Barnett shale, Marcellus shale, and more).

The pursuit of these gas-rich shales brings with it more pipelines and more underground gas storage fields — and that (pipelines & storage fields) always means eminent domain. And in Pennsylvania, the gas industry and some legislators are talking up “forced pooling” which will permit gas companies to seize gas under your property, even if you refuse to sign a lease.

Unfortunately, the otherwise excellent Institute for Justice of Kelo fame declines to intervene in energy/utility takings because, they told me, of the “public good” premise. Instead, the Institute should reconsider and offer support in this expanding “market” for eminent domain abuse.

But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website which has begun to attract whistle blowers inside the energy industry. If you want to learn from our experience and understand this type of eminent domain, refer to this post: Spectra Energy

Or here: http://www.spectraenergywatch.com/blog/?p=616

Private property rights are so fundamental that founding fathers such as Samuel Adams described it as an “essential” right and wrote, “that no man can justly take the property of another without his consent.”

Check out the McMansion cul-de-sac

103 North Perry Street
Montgomery, Alabama 36104
Telephone: (334) 241-2000
Fax: (334) 241-2600
Email: mayor@montgomeryal.gov