Editor's Note: This comment was made on the Commentator and represents an excellent argument re: the pipeline. A friend and I are researching the concept of "public purpose." This will soon become a matter of local concern re: the Slavin Property and the Howes Leather situation. We are already seeing it play out with the Hanover property.
Our CC may have done an illegal thing by renting out a portion of the ARC.
http://pocahontascommentatorplus.blogspot.com/2015/12/county-commission-to-pay-property-tax.html
http://pocahontascommentatorplus.blogspot.com/2015/09/can-you-say-moo.html
Anonymous
The Atlantic Coast Pipeline, as well as the proposed Mountain Valley
Pipeline, serve no public purpose. As such, these companies have no right of eminent domain to force landowners to consent to a right of way. Further, they do not even have the right under State law to enter your property for survey purposes. A lawsuit filed by landowners to stop surveys in Monroe and Summers Counties resulted in a favorable decision by the Circuit Judge, who ruled that the project (MVP) served no public purpose. No one in those counties benefits from the pipeline. The only benefit that could be argued by the pipeline company was the personal property taxes to the county that would be generated once the pipeline was in operation. The Circuit Judge ruled that same argument could apply to Walmart, who would create taxes by building a store in the county, but yet eminent domain is not extended to Walmart since it serves only private and not public purposes. Any landowner in Pocahontas County who on Marlinton Could be Target of Pipeline
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http://www.statejournal.com/story/29726945/monroe-county-judge-rules-mountain-valley-pipeline-developers-cant-survey-property-without-permission
ReplyDeletehttp://wvrecord.com/stories/510632652-judge-says-pipeline-can-t-survey-without-eminent-domain