Conflict in Public Use
Legislation proposing road construction in order to aid the development, production, and exploration of natural gas raises some interesting conflicts. On the one hand, utilities may already have the right to acquire land for pipeline rights-of-way. On the other hand, the notion of roadways as an expansion of this right may be outside its scope.
The issue of whether these roadways are actually takings for private benefits raises its ugly head in this situation. However, it is likely a decision for each respective state to make within its own jurisdiction, under the terms of the Kelo decision.
(KCPW News) Property owners in Utah could be forced to sell their land for new energy-related purposes if a proposed bill makes it out of the Utah Legislature this year. Republican Representative Mike Noel is the sponsor of House Bill 74, which would allow for eminent domain actions to be brought against a landowner to build roads that are needed for the development, production or exploration of oil or natural gas.
“There’s already a right in the statute for gas, oil and coal pipelines,” he tells KCPW. “All we’re doing is adding the fact that you can get a road in there to drill the wells and then put them in the pipeline, so it’s really a no-brainer.”
Democratic Representative Brian King, who sits on the House Judiciary Committee where the bill was heard on Monday, says while there is good that comes from oil and gas exploration, the government cannot overstep its bounds by encroaching on people’s property rights.
