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Owners’ Counsel of America
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Leading Eminent Domain Attorneys Nationwide
Leading Eminent Domain Attorneys Nationwide

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Last week the Army Corps of Engineers (ACOE)announced that the Dakota Access Pipeline (DAPL) project would be required to undergo additional review. Yet, protests against the banks that funded the project have continued.

Pipeline company, Energy Transfer Partners (ETP), issued a statement in response to the ACOE announcement, indicating that despite the ACOE decision, ETP does not intend to change its plans for the project.

“The White House’s directive today to the Corps for further delay is just the latest in a series of overt and transparent political actions by an administration which has abandoned the rule of law in favor of currying favor with a narrow and extreme political constituency." - ETP statement.
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Ground has already been broken on the Sabal Trail Pipeline in Florida where construction is proceeding rapidly. #WaterProtectors have expressed concern that a pipeline spill in Florida could contaminate “the richest area in the world for water.” With all the focus on DAPL in North Dakota, it has been hard to gain support for the pipeline opposition groups.
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WV Supreme Court concluded the proposed MVP natural gas pipeline is not being constructed for public use and upheld the ruling of a county court allowing property owners to bar surveyors from entering their land.

"MVP has been unable to identify even a single West Virginia consumer, or a West Virginia natural gas producer who is not affiliated with MVP, who will derive a benefit from MVPs pipeline ... In fact, the only benefit to West Virginia that has been asserted by MVP in this appeal is that the benefit to producers and shippers of the natural gas that is located in West Virginia. Significantly, however, the owners of the natural gas are affiliated with MVP." - Justice Robin Davis, majority Opinion
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Join Owners' Counsel Members Jan. 26-28, 2016 at ALI-CLE #EminentDomain Conference. Save $200 w/code CY009OCA. To register click http://bit.ly/2fahk2O +AlicleOrgCLE
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Last week the West Virginia Supreme Court ruled that the proposed Mountain Valley Pipeline can't survey land for the project without landowners' permission, upholding a 2015 decision by Monroe County circuit judge in favor of property owners' who argued that allowing the pipeline onto their property without their consent violated their rights.
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Join Owners' Counsel Members Jan. 26-28, 2017 in San Diego for the American Law Institute's national Eminent Domain and Land Valuation Litigation Conference. Save $200 on registration w/ code CY009OCA. This program brings experienced participants together including lawyers, appraisers, condemning agencies, right-of-way professionals, and leading academics, to share valuable experiences on cutting edge issues. Click http://bit.ly/2fahk2O #ALICLE +AlicleOrgCLE
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"The ability to own property and have your ownership legally protected has proven to be a powerful foundation of a robust economic system. Legally protected private property ownership has been argued to be ‘the guardian of every other right,’ and the basis of a free society,” said Suntum. “But private property rights alone do not insure equality or freedom. Rather, the dynamic relationship between private property ownership, equality and freedom dictates the nature of society and the individual’s place in it.”
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This final article of 4 focusing on the beach access case currently before the NC Supreme Court, outlines the position the Town of Emerald Isle and its amici supporters have argued in their briefing to the NC Supreme Court.
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