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MoneyMonday, August 20, 2007 5:55 PM CDT
Oil pipeline builder seeks eminent domain
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BLOOMINGTON -- A Canadian crude-oil transporter requested eminent domain to construct a pipeline through McLean, Livingston and DeWitt counties, and landowners intend to fight.

In its application filed with the Illinois Commerce Commission late last week, Enbridge Inc. said it plans to first negotiate with landowners and that the eminent domain power is “sought only in the interest of efficiency … to meet public need for crude petroleum.”

The application for a certificate of good standing, which allows for eminent domain, is just the first step in the regulatory process, said Enbridge spokesman Joe Martucci.

“We have to demonstrate with the ICC that we have negotiated in good faith with landowners before they’ll even consider (eminent domain),” he said.

Negotiations won’t begin until next month, Martucci said. The project affects about 95 landowners in McLean County, 68 in Livingston County and 65 in DeWitt County.

A bloc of eastern McLean County landowners, meanwhile, plans to fight the company’s request with the ICC. They hired Bloomington estate attorney Mercer Turner to represent their interests, said landowner Margaret Clement.

Clement and family members organized the group Family Farmers Wanting Responsibly Planned Pipelines. Around 60 people joined their group, Clement said. They fear an oil spill and want to make sure the company maintains the fertility of farmland during and after construction.

Turner was unavailable Monday.

Interested parties have about three months to submit testimony to the ICC on this matter, said ICC engineer Eric Lounsberry, speaking during a landowners’ meeting on the issue in July. The ICC will then have a formal hearing where parties can cross examine witnesses.

The ICC will also have a public hearing, said spokeswoman Beth Bosch. At this point, no hearings are scheduled, and Bosch said the ICC proceedings could last a year.

All documents filed in the case are accessible at www.icc.illinois.gov/e-docket. The case number is 07-0446.

Enbridge wants to construct a 170-mile pipeline east of Bloomington-Normal from Pontiac to Patoka. The line would funnel about 400,000 barrels of Canadian crude daily to refineries throughout the Midwest and the Gulf Coast. Construction is slated to start in 2008, with the pipeline transporting crude in 2009.

To receive eminent domain powers, Enbridge must convince the ICC there is a public need for more crude oil. In its application, Enbridge said the pipeline can reduce reliance on politically volatile Middle East imports coming into the Gulf Coast. Canadian crude, Enbridge added, is not vulnerable to the hurricane disruptions that caused supplies to dwindle and prices to skyrocket following Hurricane Katrina in 2005.

Earlier this year, the ICC granted Enbridge eminent domain rights for a similar project in northern Illinois.

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Reader comments on this story - 18 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

To: BN Republican wrote on Sep 6, 2007 12:15 PM:

" The company is Canadian, not American, but to someone as silly as you that wouldn't matter anyway. To the rest of you will common sense, instead of giving the landowner a one-time payment, give them a percentage of the profits. When companies like Exxon-Mobile post a 137 billion dollar yearly profit, at least a little man will get a portion. "

To: BN Republican wrote on Sep 6, 2007 12:10 PM:

" The company is Canadian, not American, but to someone as silly as you that wouldn't matter anyway. To the rest of you will common sense, instead of giving the landowner a one-time payment, give them a percentage of the profits. When companies like Exxon-Mobile post a 137 billion dollar yearly profit, at least a little man will get a portion. "

OGS the World Food Supply... wrote on Sep 4, 2007 2:01 AM:

" ...is diminishing at an incredible rate. Some is replaced with genectically modified food which contains dangerous chemicals and eliminates many of the nutrients. Technology for much better gas mileage exists and we are asked to tear up perfectly good farm land for more oil. Big corporate with big money will probably win again but don't let it go without a fight. Get involved people...before it is too late. "

A buried pipeline? wrote on Aug 27, 2007 12:29 PM:

" Don't expect much public support. We all have utility lines crossing both over and under our property with no reimbursement. "

A Guy in Normal wrote on Aug 23, 2007 8:36 PM:

" The ground doesn't just get "Torn up" It is pushed back to clay with in defined bounderies and then the clay is dug, the pipe is layed and the top soil is replaced. the whole dig is only 50-100 feet wide. If a machine leaks as much as a few drops of oil it is cleaned up. there are Paid Tree Huggers out the wazoo watching everything that goes on. I went to classes for 3 weeks just so I can work on the ROW...3 weeks 8 hours a day and most of it was to reconize potential problems and report it up so that it is done right. And the land owners, they make HUGH money for letting this go through their land. So I say get over it, you don't know what you're talking about. "

Jimmy the Greek wrote on Aug 21, 2007 11:48 PM:

" The State of Illinois already has property that runs from Pontiac to Patoka and almost in a straight line. Its called route 51. I have driven this route going south from Bloomington many times. It appears that the pipelione could be built alongside the highway. There is enough room and very little farm land would need to be disturbed. Am I wrong in thinking that this would not work? Why would anyone tear up farm land if right of way was available? "

Right wrote on Aug 21, 2007 8:13 PM:

" The farms being "wrecked" by this pipeline are a pimple on the butt of farm land being used for subdivisions. You farmers are mad because you don't get to rape the taxpayers for the little land they'll use for the pipeline. And yes, our govt. took part of my land for an interstate highway so I do know what it's like to have my land used for something other than what I bought it for. "

NIMBY wrote on Aug 21, 2007 3:54 PM:

" Build an oil refinery in central Illinois and eliminate the need for this pipeline. "

more hypocrisy wrote on Aug 21, 2007 9:28 AM:

" The "public need" for petroleum is only exceeded by this company's need for sky-high oil profits. The whole community should be up in arms about this. How many farms could be wrecked by this project. Let's learn to live on LESS, not MORE, MORE, MORE. "

to:To Affected Landowner wrote on Aug 20, 2007 9:43 PM:

" How would you like some company to take part of your backyard as eminent domain. I don't think I would like it very much. "

To Affected Landowner wrote on Aug 20, 2007 7:06 PM:

" And your Farm Bureau isn't Big Business? That pipeleine will be a hell of a lot safer than trucking it to wherever. You're just mad because it's not subsidized by the taxpayers and you haven't figured out a way to make loads of money from it yet. "

Oil Is Cool wrote on Aug 20, 2007 3:35 PM:

" Could they run a small pipeline to my house? I could use some fresh oil. I like it on cake, ice cream, and pudding. "

To: ? wrote on Aug 20, 2007 2:20 PM:

" You don't get it - some of the land owner's don't WANT to sell their land or allow it to be used for this. This company wants to REMOVE their right to use their land as they see fit. "

? wrote on Aug 20, 2007 1:22 PM:

" would the landowner be able to work out better price with the company out side of court other than making them go get a eminent domain rights from the court. i would think the company would pay less to the landowner if they had to fight for the right. "

Affected Landowner wrote on Aug 20, 2007 1:11 PM:

" ... and they'll get it. Big money always wins out. I've gone to several meetings concerning this pipeline and my advice is get a lawyer and be as specific in the contract language as you can. Set timelines to make sure they return the R.O.W to you and structured payment plans to pay for the decreased productivity of the land over several years.... those are just to name a few. "

Dead Eye Dick wrote on Aug 20, 2007 1:08 PM:

" Wow! I've just had an idea. Instead of using eminent domain and building the pipeline out in the country, maybe Enbridge Inc. would be interested in running it right through the middle of downtown Bloomington. Presto: Arena problem solved. "

Just the beginning wrote on Aug 20, 2007 12:28 PM:

" First the wind farms, next the pipeline, and finally, the east side highway. The homeowner does not have any rights anymore! "

BN Republican wrote on Aug 20, 2007 12:15 PM:

" What a travesty. An oil company, an American oil company, should not have to ask or beg for land from which to profit. They should just be able to take it and the loser should take whatever compensation offered by the better company. "

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