The U.S. energy boom is fueling new disputes over companies' ability to condemn private property through eminent domain for pipelines and other large projects, forcing developers to break new legal ground in states that aren't historic areas for energy development and lack sufficient statutes and case law to deal with the sudden surge. Historic levels of U.S. oil and gas production have increased demand for new energy infrastructure, thrusting eminent domain issues into the spotlight. In this Law360 article, Adam Zuckerman, co-chair of Baker Donelson's Oil & Gas Industry Service Team, notes that when projects involve states that are relative newcomers to pipeline projects and don't have well-developed eminent domain procedures, the questions will lead to more legal and political battles.
"With the increasing reliance on natural gas ... this issue is going to continue to develop in states that don't have a long history of eminent domain for private companies," said Mr. Zuckerman.
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