Mobile County judge previously ruled Plains Southcap has no eminent domain authority
“A Mobile County Probate judge ruled in April that Plains Southcap does not have eminent domain authority to seize property because it’s a limited liability company and not a corporation under Alabama state law.
But on June 21, Probate Court Judge Don Davis reversed his April 24 ruling allowing Plains Southcap condemnation rights in a case involving property partially owned by an incompetent, or disabled, person.
Plains’ corporate structure was the only issue Davis ruled on during a host of condemnation lawsuits Plains Southcap filed in Mobile County Probate Court earlier this year. Most of those cases have been settled, although a final settlement agreement in a condemnation lawsuit against the Lillian C. McGowin Timber Corp. is scheduled for Sept. 27.
The Houston-based oil company filed a condemnation lawsuit in Probate Court late Wednesday against MAWSS to seize the final tracts of property it needs to finish constructing a 45-mile pipeline from the Ten Mile facility in Mobile County to the Chevron refinery in Pascagoula, Miss.”
Sharp, John. Alabama Blog 25 July 2013.