BLOOMINGTON - A ruling is expected this week in a request that could delay eminent domain hearings on a proposed crude-oil pipeline from near Pontiac to Patoka.
Staff of the Illinois Commerce Commission asked the hearings be postponed so they could address information filed by a DeWitt County landowner opposed to the project. If a delay is not granted, ICC staff asked that the testimony from Carlisle Kelly be barred from the proceedings.
Enbridge Pipelines-Illinois is asking the ICC to grant eminent domain for easements on private property to construct a 170-mile pipeline that would carry liquid petroleum from central to southern Illinois.
Attorneys Thomas Pliura and Mercer Turner represent an estimated 300 landowners who have filed as intervenors in the ICC case. In documents filed last week, Turner supported the staff motion to delay hearings.
"There is no rush to judgment here," Turner said in his reply.
In its request for the delay of hearings, set to start July 8, staff attorneys made it clear they were displeased that the Kelly rebuttal material was filed so close to the hearing date.
Kelly contends Enbridge has used improper negotiation tactics to persuade property owners to sign easement agreements.
"It is inexplicable and alarming to Staff that testimony about the abuses which Mr. Kelly alleges was not provided until the eve of the hearing," said staff attorneys James Olivero and Janis Von Qualen.
Staff attorneys contend Kelly's remarks are hearsay and landowners with complaints about the negotiations should file their own rebuttal testimony.
Enbridge did not offer comment on the ICC request, saying the staff's position on Kelly's filing speaks for itself.
An administrative law judge has given property owners until 5 p.m. Tuesday to respond to the ICC request and Enbridge must file any response to the owners by Wednesday. A ruling on the proposed delay could come by the end of the week.
Posted in News on Monday, June 30, 2008 12:00 am Updated: 11:30 am.
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