Publicly traded Plains All American (NYSE: PAA) announced in August that it will build a 440-mile crude oil pipeline to connect its Plains Cushing, Oklahoma, terminal to the Valero Memphis Refinery. ... In their petition, the landowners said the company has cited the right to eminent domain under Arkansas law, specifically Ark. Code Ann. S 23-15-101, which states that, All pipeline companies operating in the state are given the right of eminent domain and are declared to be common carriers, except pipelines operated for conveying natural gas for public utility service. But attorneys for the landowners said the Diamond Pipeline is not a common carrier as defined by Arkansas law. They also argued that the Arkansas Supreme Court has found that the power of eminent domain be invoked for public use, adding that there is no public use case for the pipeline in Arkansas. There is absolutely no public use offered or received by any public citizen of the State of Arkansas from the pipeline and the proposed pipeline exists solely for private economic development, the petition said. … As a result, there is no source of authority under Arkansas law granting the power of eminent domain to a pipeline company such as the Defendant …
Posted on: Tue, 27 Jan 2015 16:07:49 +0000
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