Eminent domain: its origin, meaning, and relevance to coal slurry pipelines

Journal Article · · Transport. J.; (United States)

OSTI ID:7208878

Campbell, T C

The implications of eminent domain policies as they apply to coal slurry pipelines are under investigation by the Congressional Office of Technology Assessment to determine if further legislation is needed to acquire the rights of way for the proposed Wyoming-Arkansas line. The history of eminent domain as a concept is traced from its origins in the 17th Century. It has developed an association with the concept of common carriers, although the idea of public use and public interest developed later. Precedents at both the state and Federal level can be cited for the use of eminent domain when railroads and pipelines for oil and gas were built. Several states have enacted legislation specifically providing for eminent domain in the case of slurry pipelines. Pipeline interests, feeling that the railroads' refusal to let the pipelines cross existing tracks will make it impossible to deal at the state level, are pushing for Federal legislation on the grounds that economics and technology should dictate the pipeline route. Concerns have also been voiced over the possibility of environmental damage by agricultural and water interests. Questions about the regulation of slurry pipelines, the economic and technological problems, and the impact on the rail industry have been raised during the debate. 86 refs. (DCK)

• Research Organization: West Virginia Univ., Morgantown
• OSTI ID: 7208878
• Journal Information: Transport. J.; (United States), Journal Name: Transport. J.; (United States) Vol. 17:1; ISSN TRNJA
• Country of Publication: United States
• Language: English

Related Subjects

01 COAL, LIGNITE, AND PEAT
013000 -- Coal
Lignite
& Peat-- Transport
Handling
& Storage
29 ENERGY PLANNING, POLICY, AND ECONOMY
290700* -- Energy Planning & Policy-- Transport & Storage
293000 -- Energy Planning & Policy-- Policy
Legislation
& Regulation
COAL INDUSTRY
COMPETITION
ECONOMICS
ENERGY POLICY
ENVIRONMENTAL IMPACTS
GOVERNMENT POLICIES
INDUSTRY
LAND USE
LAWS
LEGAL ASPECTS
LEGISLATION
PIPELINES
RAIL TRANSPORT
REGULATIONS
SLURRY PIPELINES
SOCIAL IMPACT
STATE GOVERNMENT
TECHNOLOGY ASSESSMENT
TRANSPORT
TRANSPORTATION SYSTEMS