The Bluegrass Pipeline has been trying to use eminent domain in Kentucky.  The Court of Appeals said they couldn’t.  Read about it here.

The Kentucky Supreme Court has not heard the case yet, so the final decision could be different.  However, when both the Circuit Court and the Appeals Court agree, you’re less likely to find that the Supreme Court makes a different decision.  It’s not conclusive, but it’s indicative.

West Virginians who are concerned about the Atlantic Coast Pipeline and the Mountain Valley Pipeline (and a few other projects) should take note of this decision.  Kentucky’s eminent domain laws are a little different from ours, but the language of the decision sounds like language I could see a West Virginia court drafting to explain our eminent domain laws and their interpretation.  For those of us who are not fans of how eminent domain is being abused, this is good news.