Kentucky Court of Appeals upholds eminent domain ruling in pipeline case

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FRANKFORT, Kentucky — A three-judge panel of the Kentucky Court of Appeals has upheld a ruling saying eminent domain can't be used to take private land to build a pipeline to carry natural gas liquids through the state.

The court said Friday the liquids aren't being transported to Kentucky consumers and can't be characterized as being in the state's public service.

Landowners had opposed efforts to put the Bluegrass Pipeline across 13 counties. Attorney Tom FitzGerald, who represented Kentuckians United to Restrain Eminent Domain, told the Lexington Herald-Leader the ruling means only natural gas utilities regulated by the Public Service Commission can invoke eminent domain.

The Courier-Journal said a spokesman for a developer of the pipeline, Williams Co., didn't immediately return a request for comment.

FitzGerald told The Courier-Journal that the ruling is broad enough to apply to another controversial pipeline proposal.

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