Judge rules Plains Southcap eminent domain application OK but reserves ultimate judgment
“Plains Southcap — regardless of whether it’s a partnership or a corporation — has the right to file a legal action to take land owned by the local water utility, a judge ruled Tuesday.
Now, Mobile County Circuit Judge Robert Smith must decide whether to grant that condemnation petition. He will take testimony and hear arguments beginning Dec. 16.
The stakes are high. Plains Southcap wants to build an oil pipeline through the Big Creek Lake watershed to a Chevron refinery in Pascagoula. Mobile Area Water and Sewer System officials have argued that the pipeline endangers the Mobile area’s primary source of drinking water.
Smith suggested that the dispute almost certainly will land in the Alabama Supreme Court no matter how he rules.
“I often remind people where I-65 goes,” he said. “It goes straight to Montgomery.”
Tuesday’s hearing, which lasted about four hours, focused on two broad areas – interpretation of state law and the Alabama Constitution, and whether federal law trumps Alabama law.
Smith said he wants to hear more information about federal issue on Dec. 16”
Kittrell, Mike. All Alabama.com 19 November 2013.