LINCOLN- Omaha Sen. John Cavanaugh called for increased regulation and local government approval before a utility or pipeline company could use eminent domain to obtain the right of way for an electric transmission line or pipeline during a Friday legislative hearing. The discussion surrounding LB1366, Cavanaugh's proposal, comes as the issue of eminent domain begins 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. Sen. Cavanaugh said his proposal wasn't designed to target CO2 pipelines in particular, but to ensure that landowners have recourse with their local government, should eminent domain be used.
Under LB1366, a local government or the Nebraska Public Service Commission would have to vote to approve the use of eminent domain. Cavanaugh called his proposal "no condemnation without representation." The bill would also require "good faith" negotiations and the providing of an appraisal to a landowner by a company before eminent domain could be utilized.
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