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Texas Eastern Transmission, a private Texas pipeline corporation, moved for immediate possession of land in Belmont County,  Ohio, based upon federal approval of a pipeline route.  See Texas Eastern Transmission, LP v. 3.2 Acres Permanent Easement and 4. Acres Temporary Easement of Land in Colerain Township, Belmont County, Ohio, S.D. Ohio, Case No. 2:14-cv-02650, MOTION for Temporary Restraining Order FOR IMMEDIATE POSSESSION by Plaintiff Texas Eastern Transmission, LP.  Property Owners, represented by the 1851 Center for Constitutional Law, argue that the Ohio Constitution prevents such “quick takings”, because Ohio Constitution Section I, Article 19 requires compensation for eminent domain takings, the amount to be determined by a jury.  Furthermore, they argue that the Ohio Constitution’s prohibitions against quick takings are not preempted by Federal law, including the Natural Gas Act or Fed.R.Civ.P. 71.1.  See Landowner’s Memo in Opposition.

See Akron Beacon Journal, Belmont County family fight pipeline’s use of eminent domain.

Also see this post by the 1851 Center for Constitutional Law.

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