Legal Opinion · Dissent

Mountain Valley Pipeline v. Brian C. and Doris W. McCurdy

West Virginia Supreme Court

Decided November 15, 2016No. 15-0919Published

1DissentChief Justice Ketchum

I personally do not believe private, for-profit, corporations should have the power to take a person’s land by eminent domain. However, the laws enacted by our Legislature clearly allow such a taking.

This case presents a different wrinkle in the law of eminent domain: A private, for-profit, corporation seeks to take the landowner’s property through the power of eminent domain to build a natural gas transportation pipeline. Before taking the property, the corporation seeks entry onto the land to survey the proposed route of the pipeline.

Our Legislature has expressly authorized private…

2Cases cited5 opinions

  1. Kelo v. City of New LondonSupreme Court of the United States · 2005
  2. Varner v. MartinWest Virginia Supreme Court · 1883
  3. Carnegie Natural Gas Co. v. SwigerWest Virginia Supreme Court · 1913
  4. State Ex Rel. McMillion v. StahlWest Virginia Supreme Court · 1955
  5. Charleston Urban Renewal Authority v. Courtland Co.West Virginia Supreme Court · 1998

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