Enbridge Pipelines has filed an eminent domain lawsuit against Monarch Cement Company to accommodate construction of its crude oil pipeline in Allen County. EMINENT DOMAIN has been in practice since “before the constitution,” Weber said. It is most commonly used for major public infrastructure projects, such as roadways.
The pipeline, known commonly as the Flanagan South Pipeline, will run through Illinois, Missouri, Kansas and terminate at Cushing, Okla.
Allen County Counselor Alan Weber, who has experience with eminent domain cases as an attorney, said such cases are common when the value of the property can not be agreed upon between two entities — in this case Enbridge and Monarch Cement.
Eminent domain is state — or federally — granted authority given to a entity, essentially giving it the right to acquire land for their own purposes, Weber said.
The court case states:
“The (Kansas) Legislature has granted Enbridge Pipelines the power of eminent domain. It is within Enbridge Pipelines’ lawful corporate purpose to acquire an unobstructed permanent easement and right-of-way and temporary easements and rights-of-way…”
Weber said eminent domain authority most commonly is given to cities and counties, but also is given to corporations in certain situations.
According to the case, Monarch Cement and Enbridge failed to agree on a value for the easements on Monarch property:
“Enbridge Pipelines has been unable to agree, and cannot agree, with the Respondent-Landowner upon the fair market value of the real property being acquired… with further attempts being futile, it is necessary to institute this proceeding for eminent domain.”
The court will appoint three “disinterested” Allen Countians to determine what they think is an accurate appraisal of the land.
“The condemnation action itself is purely about money,” Weber said. The power of eminent domain is hardly disputable, he said, and only the value of the property is up for debate.
“Apparently they couldn’t reach an agreement,” Weber said. “If they (Enbridge) have eminent domain rights, they’re going to get it (the land), the question is value.”
He said such cases are not uncommon in expansive operations such as Enbridge’s, but generally agreements are reached without them being taken to court. If Monarch Cement disagrees with the court’s finding on value, it has the right to appeal.
While not desirable, he said court action is sometimes necessary when valuation of a property can be difficult to assess. In this case, there are several easements on Monarch’s land already; and an introduction of a pipeline will affect the value of such easements.
He said both entities had “worked for months” to reach an agreement, which ultimately resulted in the court action.
“It doesn’t reflect badly on either one,” Weber said. “It happens all of the time.”
Enbridge files suit for eminent domain
