The very large pipelines that will be cutting through West Virginia are using federal eminent domain to acquire property from people who don’t want to sell to them. The only reason the pipelines can use federal eminent domain is because the pipeline is considered to be a “public use”.
This article by David McMahon, a West Virginia attorney and founder of the West Virginia Surface Owners’ Rights Organization, points out why a pipeline shouldn’t be considered a “public use”. I fully agree with him. The full article is worth the read, so I won’t summarize it here.
He also points out how West Virginians “are poor because we cede too often and too much to the drillers and pipeline companies”. Well said, Dave. Well said.