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MikeB4

Hats off to Kermitt Waters. Those of us who have faced the threat of eminent domain know two things: It is a sobering experience and private property owners do not stand on a level playing field legally, politically or economically.

More "taking" is on its way driven -- not by "economic development takings" like Kelo in Connecticut -- but by energy companies in search of shale gas (as in Barnett shale, Marcellus shale, and more).

I hope Mr. Waters will pursue these abuses too.

The pursuit of gas-rich shales brings with it more pipelines and more underground gas storage fields -- and that (pipelines & storage fields) always means eminent domain.

And in states like Pennsylvania, the gas industry and some legislators are talking up "forced pooling" which will permit gas companies to seize gas under your property, even if you refuse to sign a lease.

Alexandra Klass, Associate Professor of Law at the University of Minnesota Law School, wrote an article in 2008 titled, "The Frontier of Eminent Domain." She raises the question: "Why aren't Kelo activists also incensed over natural resource development takings?"

Indeed. The excellent Institute for Justice of Kelo fame declines to intervene in energy/utility "takings" because, they told me, of the "public good" premise. The Institute should reconsider what support it can offer in this expanding "market" for eminent domain abuse.

The stories are horrendous; but property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website. If you want to understand the adverse effects of this type of eminent domain, refer to this post: <A href="http://www.spectraenergywatch.com/blog/?p=616" > Spectra Energy</A>

Or here: http://www.spectraenergywatch.com/blog/?...

Private property rights are so fundamental that founding fathers such as Samuel Adams described it as an "essential" right and wrote, "that no man can justly take the property of another without his consent."