Sunday 17 March 2013

What recent local examples are there of the use of governments power of eminent domain?

In the
United States, US oil/natural gas companies, in conjunction with enforcement by police, have
enacted eminent domain to force landowners to allow pipeline companies to bury pipes along
private land. This use of eminent domain in the last decade has been the center of an ongoing
struggle of environmentally-inclined landowners against powerful resource extractive companies
and their allies in governmentsuch as the Dakota Access Pipeline company in the midwest and the
Mountain Valley Pipeline in central Appalachia.

The Dakota Access Pipeline
was heavily resisted in 2016 through mass protests across the country and through a
multi-thousand person encampment that resisted the laying of pipeline through indigenous land in
so-called North Dakota. Direct action protests and law suits have both been used for years to
fight against pipelines such as the Dakota Access Pipeline and the Mountain Valley Pipeline.
Often, landowners have turned to the court system in an attempt to challenge the use of eminent
domain by pipeline companies in order to push through dangerous and environmentally harmful
extractive projects.

In October of 2019, a federal court issued a ruling that
challenged private companies' use of eminent domain. The court argued that private natural
gas/oil companies should not be able to use eminent domain in order to force land owners to sell
the rights to their land because the companies do not inherently benefit the public. However,
the state continues to be divided and often continues to allow companies to use eminent domain,
such as was the case with the Dakota Access Pipeline.

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