A Louisiana state appeals court has ruled that the Bayou Bridge Pipeline Company illegally โtrampledโ on the rights of landowners by starting pipeline construction without the landownersโ permission. The pipeline company must pay the landowners $10,000 each plus attorneysย fees.
โThis is a victory not only for us but for all landowners,โ said Theda Larson Wright, one of the three Louisiana landowners who sued Bayou Bridge Pipeline Company (BBP) in September 2018. โAll over the country, pipeline companies have destroyed people’s land, often without even attempting to get permission, and dared the landowners to speak up. Well, we did. I hope this victory will encourage many others to asย well.โ
Theย Bayou Bridge pipeline is a 163-mile pipeline through southern Louisiana carrying North Dakota crude oil to the Gulf Coast. It is the tail end of a pipeline network including the Dakota Access pipeline and is a joint venture of Energy Transfer and Phillips 66. The Bayou Bridge pipeline traverses ecologically sensitive areas such as the Atchafalaya Basin, the countryโs largest river swamp, which containsย old growth trees and many endangeredย species.
BBP started construction, including bulldozing and clearing trees, in the Atchafalaya Basin on privately owned land without notifying landowners or obtaining legal rights to seize the land through what is called eminent domain. Only when property owners sued for trespassingย did BBP begin the eminent domain proceeding. In December 2018 the trial court found BBP had trespassed but ordered a small fine of only $450 total for all landowners, while upholding BBPโs expropriation or taking of the land under eminent domain. The landowners brought an appeal in Septemberย 2019.
The Louisiana Third Circuit Court of Appeal heard oral arguments on January 8 of this year. That court ruled on July 16 that BBP not only trespassed, but explicitly violated constitutionally protected propertyย rights.
BREAKING: 3rd Circuit Court of Appeal for State of Louisiana ruled that Bayou Bridge Pipeline Company (BBP) violated due process rights of landowners when it constructed an oil pipeline across their property before acquiring legal rights to do so #BizHumanRights @NoBayouBridge https://t.co/Ey6Nr6xaF9
โ Katherine Gallagher (@katherga1) July 16, 2020
โWhen BBP consciously ordered construction to begin on this property prior to obtaining a judicial determination of the public and necessary purpose for that taking, it not only trampled Defendantsโ due process rights as landowners, it eviscerated the constitutional protections laid out to specifically protect those property rights,โ the appeals court wrote in its decision.
The court awarded each of the three landowners $10,000 plus legal fees. The court did not rule against BBPโs seizure of the land under eminent domain, however.ย ย ย
โThe rights of landowners are important, so I applaud this ruling,โ Katherine Aaslestad, one of the three landowners involved in the case, said. โBut this is also about the abuse of eminent domain by private companies, and we need to keep our attention onย that.โ
Siblings and plaintiffs Peter and Katherine Aaslestadย in front of a hotel the night after a December 2018 courtย decision.ย
Pam Spees, senior staff attorney at the Center for Constitutional Rights and one of the attorneys for the landowners, said the appeals courtโs decision sends a message to companies deciding to break the law on propertyย rights.
โThe courtโs decision rightly takes BBP to task for its blatant disregard and abuse of the law and landowners in Louisiana,โ she said. โBBP made a calculated decision that violating the law was cheaper than following it, and the lower courtโs ruling let them get away with it. This decision is an important reminder to companies like BBP, and more importantly to small landowners, that these rights meanย something.โ
Alexis Daniel, a spokesperson for Energy Transfer, told Courthouse Newsย the company does not comment on pending litigation. โWe are proud of this project, which has been safely operating since March of 2019,โย Danielย said.
Main image: Dean Wilson, executive director of theย Atchafalaya Basinkeeper, on the plaintiffsโย land in the basin.ย Credit: All photos by Julie Dermansky forย DeSmog
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