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	<title>Comments on: A Report Card on Post-Kelo Eminent Domain Reforms</title>
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		<title>By: Biersdorf &#38; Associates - Project Updates - Professor examines the effects of Kelo in eminent domain legislation</title>
		<link>http://blog.oup.com/2009/03/eminent-domain/comment-page-1/#comment-149831</link>
		<dc:creator>Biersdorf &#38; Associates - Project Updates - Professor examines the effects of Kelo in eminent domain legislation</dc:creator>
		<pubDate>Thu, 26 Mar 2009 15:25:42 +0000</pubDate>
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		<description>[...] view Ely’s full post, click here.      Current [...]</description>
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		<title>By: MikeB</title>
		<link>http://blog.oup.com/2009/03/eminent-domain/comment-page-1/#comment-149828</link>
		<dc:creator>MikeB</dc:creator>
		<pubDate>Thu, 26 Mar 2009 11:25:59 +0000</pubDate>
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		<description>Speaking as someone actually fighting eminent domain in federal court with Houston-based Spectra Energy, I can confirm that it amounts to legal plunder under the badge of government.

Ultimately, power corrupts; and the power of eminent domain in the hands of government — which is transferred to a business — creates a sense of entitlement; and it creates an atmosphere ripe for abuse.

As you know, nowadays, eminent domain has less to do with projects for the “public good,” and everything to do with the financial good of publicly held companies.

In Bedford County, Pennsylvania (about 2 hours from Washington), property owners are being hauled into federal court by Spectra Energy, backed by the power of the Federal Energy Regulatory Commission.

The “public good” argument is that this is an underground natural gas storage site (bring gas from somewhere else for a fee, store it for a fee, then send it to the northeast via pipelines and charge another fee).

What goes missing is that the landowners’ property is sitting on top of the gas-rich Marcellus Shale; but they can’t develop that because Spectra Energy wants to use the Oriskany sands layer (which lies just beneath the Marcellus) for its underground gas storage facility.

This site is said to be “critical,” but Pennsylvania has more underground natural gas storage sites than any other state in the continental US, according to the Dept. of Energy.

Further, in its most recent motion, Spectra Energy asked that the federal judge exclude evidence that would argue “economic loss to the landowner” for fear that the jury would be “confused, misled and distracted … waste time.” (From p. 7 of the motion: Case 3:08-cv-00154-KRG, Document 59).

Here is the great conundrum in eminent domain: property owners possess the key asset that companies and government covet — the land. But they are treated as obstacles in this process rather than as key stakeholders.

For info &amp; a landowner video:
http://www.spectraenergywatch.com/blog/</description>
		<content:encoded><![CDATA[<p>Speaking as someone actually fighting eminent domain in federal court with Houston-based Spectra Energy, I can confirm that it amounts to legal plunder under the badge of government.</p>
<p>Ultimately, power corrupts; and the power of eminent domain in the hands of government — which is transferred to a business — creates a sense of entitlement; and it creates an atmosphere ripe for abuse.</p>
<p>As you know, nowadays, eminent domain has less to do with projects for the “public good,” and everything to do with the financial good of publicly held companies.</p>
<p>In Bedford County, Pennsylvania (about 2 hours from Washington), property owners are being hauled into federal court by Spectra Energy, backed by the power of the Federal Energy Regulatory Commission.</p>
<p>The “public good” argument is that this is an underground natural gas storage site (bring gas from somewhere else for a fee, store it for a fee, then send it to the northeast via pipelines and charge another fee).</p>
<p>What goes missing is that the landowners’ property is sitting on top of the gas-rich Marcellus Shale; but they can’t develop that because Spectra Energy wants to use the Oriskany sands layer (which lies just beneath the Marcellus) for its underground gas storage facility.</p>
<p>This site is said to be “critical,” but Pennsylvania has more underground natural gas storage sites than any other state in the continental US, according to the Dept. of Energy.</p>
<p>Further, in its most recent motion, Spectra Energy asked that the federal judge exclude evidence that would argue “economic loss to the landowner” for fear that the jury would be “confused, misled and distracted … waste time.” (From p. 7 of the motion: Case 3:08-cv-00154-KRG, Document 59).</p>
<p>Here is the great conundrum in eminent domain: property owners possess the key asset that companies and government covet — the land. But they are treated as obstacles in this process rather than as key stakeholders.</p>
<p>For info &amp; a landowner video:<br />
<a href="http://www.spectraenergywatch.com/blog/" rel="nofollow">http://www.spectraenergywatch.com/blog/</a></p>
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