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Landowner Fairness Act: New Rules for Eminent Domain and Pipeline Projects

This act modifies the process for natural gas pipeline construction, granting greater rights to landowners. It impacts how companies can acquire land and requires them to consider environmental and community impacts. Citizens gain better protection of their property rights and more influence over pipeline project decisions.
Key points
Companies building pipelines can no longer automatically assume their projects are in the public interest, especially those for gas export.
When evaluating pipeline projects, officials must consider landowner property rights, environmental impact, greenhouse gas emissions, and burdens on low-income and minority communities.
Landowners will receive earlier and more detailed notices about proposed projects, with clear instructions on how to defend their rights.
The right of eminent domain cannot be used for pipeline projects primarily intended for natural gas export.
Land acquisition through eminent domain is only possible after all necessary permits are obtained and landowners are notified; if permits are revoked, construction must stop.
Landowners have the right to accompany the appraiser during property valuation and must receive a written purchase offer that includes full market value and compensation for any damages.
Pipeline construction certificates can be rescinded if the project changes significantly, is not started on time, or its justification becomes outdated; in such cases, ownership of expropriated land reverts to the prior owner.
Citizens have more time and clearer rules to appeal pipeline decisions, and initiating an appeal process can halt eminent domain actions.
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Additional Information
Print number: 117_S_641
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2021-03-09