LG&E is moving forward with its plan to complete a pipeline expansion through the Bernheim Forest and is looking to use eminent domain to obtain the land it needs. This has some conservationists upset and vowing to fight in court.
And it has others wondering: What is eminent domain, and how is it legally a thing?
It’s a controversial process, but it’s not a new one. Legally, it stems all the way to our founding documents, and courts have consistently affirmed it. Constitutionally, it is found in the fifth amendment—specifically, the part that says this:
“…nor shall private property be taken for public use without just compensation.”
In other words, the government can take your land from you, but it has to pay you for it and you should be able to expect a fair amount for it. In general, this means the current market value if the owners were to sell it themselves.
Now an important follow-up question: constitutional law gives the government the ability to take land for its uses under eminent domain, but it doesn’t give a private company the ability to do so, right?
Yes, that’s true; but, the Supreme Court ruled in 2005 that the government can transfer land from one private owner to another if it will further economic development. LG&E is trying to make that exact argument.
“There is concern from Bullitt County economic officials that there could be a period of no growth in the community, as a result of any delay, and that’s why we’re working to move forward,” said Natasha Collins, a spokeswoman for LG&E. “Because, we know there is demand and need.”
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