Enbridge Energy petitioned the Michigan Public Service Commission on April 16, 2012, in Case Number 17020, for authority to proceed through an eminent domain process in the future. This process requires Enbridge Energy to obtain an Order from the Court allowing the installation of the new pipe, takings of some new properties and expansion of previously existing easements. The expansion of the previously existing easements does contemplate eminent domain proceedings if settlements with owners are not reached.
At this time, Enbridge Energy does not have the power to condemn. It does have the power to threaten that it will stop any negotiation prior to condemning, but that is an unlikely position for Enbridge to take if it truly desires to go through a reasonable negotiation process.
The statute requires negotiation after the provision of a written appraisal or analysis. That has not been done for many of the property owners involved with the contemplated Enbridge Energy taking. The taking will affect properties in St. Clair, Macomb, Oakland, Ingham, Jackson, Calhoun, Kalamazoo, St. Joseph, Cass and Berrien Counties.