BLOOMINGTON - The Illinois Commerce Commission lacks the authority to rule on an eminent domain petition for a controversial pipeline, according to a lawsuit filed last week by attorneys for 18 landowners.

Enbridge Pipelines-Illinois has proposed a 178-mile pipeline between Pontiac and Patoka.

Attorneys for property owners in several Illinois counties along the proposed pipeline route also argued in the lawsuit filed in Sangamon County court that discrepancies exist between state and federal filings related to the ownership of the pipeline.

Documents filed in 2007 with the Federal Energy Regulatory Commission list different Enbridge entities as owners of the Illinois project known as the Southern Access Extension Project, according to the lawsuit.

Attorneys Tom Pliura of LeRoy and Peter Brandt and Barbara Taft of Bloomington contend the ICC does not have the power to approve Enbridge's request to secure private land for easements because Enbridge does not qualify as a common carrier under state guidelines. The public will have no access to the pipeline or the products transported through the line, attorneys argued.

The attorneys also noted that the federal energy agency has twice rejected Enbridge proposals to set a rate structure for shippers using the pipeline.

Enbridge spokesman Joe Martucci said the lawsuit "is targeted to the ICC's authority, and Enbridge is not a direct party at this time. However, it appears that his strategy is to complicate, confuse and delay the ICC proceedings, unfortunately causing regulatory agencies and the courts to deal with numerous frivolous matters."

A recent ruling in federal district court favored Enbridge's right to easements it acquired for property in DeWitt County from the Central Illinois Pipeline Co.

The ICC will hold hearings in July on the pending petitions for eminent domain, the authority to compel property owners to sell the company an easement at fair market value.