A new bill has been proposed in the General Assembly to grant pipeline companies that carry carbon dioxide the right to take private land by eminent domain.

According to sources, the proposed language for this bill would declare that carbon dioxide pipelines provide a public use and service that is in the best interests of the State of Indiana.

It is presumed that this bill is being proposed to benefit a private corporation called Indiana Gasification. Last march Governor Daniels signed laws which would assist Indiana Gasification in dealing with utilities. The newest bill is seen by some as another attempt to provide assistance to this start up business.

Of real concern to our firm is the continual erosion of the barriers for the use of the state’s eminent domain powers. In the proposal before the Indiana Assembly the powers of eminent domain would be given private enterprises so that they can make substantial profits. What is the public interest in having carbon dioxide pipelines? Is this public interest greater than the constitutional rights of Indiana Citizens to full ownership and enjoyment of their land?

Eminent domain is a significant governmental power that allows the taking of private land from citizens. In this commentators opinion the uses of eminent domain should be restricted to real public uses instead of benefiting large mulit million dollar corporations.

Justice O’Connor put it well in her dissent in the infamous Kehlo case where she articulated arguments against allowing private enterprises to utilize the government power of eminent domain,

“Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended that perverse result. ‘That alone is a just government’ wrote James Madison ‘which impartially secures to every man, whatever is his own’ For the National Gazette, Property (Mar. 27, 1792) reprinted in 14 papers of James Madison 266 (R. Rutland et al. eds. 1983), 545 U.S. at 505, 125 S. Ct. at 2677, 162 L.Ed. 2d.

UPDATE:  2/1/2010

Thursday, the Senate passed on a 36-12 vote legislation that will help the proposed coal-gasification plant in Rockport, Ind. will allows the proposed pipeline to use the powers of eminent domain.

.“I don’t really like eminent domain, but in this case, we’re dealing with a lot of jobs. We’re dealing with the survival of the coal industry in Southwestern Indiana,” Gard said.

Sen. Mike Delph, R-Carmel, called the bill a violation of property rights.

“Why aren’t they going to the property owners and trying to work out a deal one by one? They haven’t even tried yet, and they’re coming to government and asking for a bill for eminent domain. That’s not right,” he said.

Author Phil Sever
Posted in Eminent Domain & Condemnation
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