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Common carrier pipelines are those that transport oil, oil products, gas, carbon dioxide, salt brine, sand, clay, liquefied minerals or other mineral solutions. For example, a pipeline transporting crude oil could be a common carrier, and, as such, would have the right of eminent domain.
There are essentially three major types of pipelines along the transportation route: gathering systems, transmission systems, and distribution systems.
A pipeline right-of-way (ROW) is a strip of land of varying widths that may contain one or more pipelines. To deliver critically needed natural gas via our network, Enbridge must at times cross private and public lands.
The Keystone project resulted in very little actual use of eminent domain, but of course the threat was always present. This author is aware of only two cases filed in the state for the Keystone project. All other needed property rights were obtained through negotiations.
The pipeline company typically pays the landowner in price per foot or per acre for farm land of the property that the pipeline passes. The price is based on the length of the easement. Some companies offer prices based on linear rod, not linear foot.
A common pipeline carrier, such as a carbon dioxide or oil and gas pipeline company, has the right and the power of eminent domain so long as they accept regulation by the Public Service Commission (?PSC?).
Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
In Iowa, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.