Eminent Domain Legal Opinion Du Jour

Meet the 11 judge panel D.C. Circuit.

The 11 judge panel is considering Allegheny Defense Project v. FERC proceeding.

Why does this matter to those impacted by eminent domain policy? This case includes the following arguments by FERC Commission Glick:

• “Eminent domain is among the most significant actions that a government may take with regard to an individual’s private property.
• And the harm to an individual from having his or her land condemned is one that may never be fully remedied, even in the event they receive their constitutionally required compensation,”
• “Bearing those basic facts in mind, there is something fundamentally unfair about a regulatory regime that allows a private entity to start the process of condemning an individual’s land before the landowner can go to court to contest the basis for that condemnation action.”

Utility Dive | FERC prohibits pipeline construction, allows land seizures as court weighs ‘legal purgatory’ of rehearing delays