Nebraska state senator makes pitch for additional steps before use of eminent domain

Construction workers specializing in pipe-laying work on a section of pipeline on July 25, 2013, outside Watford City, North Dakota. (Andrew Burton/Getty Images)

LINCOLN — An Omaha senator called Friday for increased regulation, and local government approval, before a utility or a pipeline company could use eminent domain to obtain right of way for an electric transmission line or pipeline.

The discussion of Legislative Bill 1366 comes as the issue of eminent domain is beginning to heat up. Two companies, Summit Carbon Solutions and Tallgrass Energy, are seeking to build pipelines across Nebraska to transport carbon dioxide captured at ethanol plants.

State Sen. John Cavanaugh of Omaha. (Zach Wendling/Nebraska Examiner)

State Sen. John Cavanaugh said his proposal wasn’t designed to target CO2 pipelines but to assure that if the power of eminent domain is used, landowners have recourse with a local government entity.

Right now, he said, a public utility could use eminent domain far outside its service area and local landowners would not have any recourse, such as voting out elected officials if they objected.

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