Eminent domain threats persist for pipeline in Ohio

“Bonifant’s farm in eastern Licking County was part of the original route. The woods in front of his home, where he and his wife walk with their children and young grandchildren, were to be turned horizontal.

“I’m kind of hard-headed though, so I kept saying no,” Bonifant said.

The company, Enterprise Products Partners, attempted to negotiate with Bonifant under the threat of eminent domain, which allows the government — or a qualifying private party — to compel landowners to sell them access to their land for certain projects.

“Nothing made sense,” Bonifant said. “It wasn’t a public utility. It wasn’t anything to do for the public. It was just a product that somebody wanted. I just kept on like, ‘This ain’t right.’ ”

Changes to state law pushed by energy companies, including Enterprise, made the right to use eminent domain for such a pipeline questionable. That hasn’t stopped the company from threatening to take land from residents who are likely unaware of the legal ambiguity.”

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Zimmer, RUss. Chillicocothe Gazette 23 June 2013.