Legalectric

Great decision this week from the Kentucky Court of Appeals:

Kentucky Court of Appeals – Bluegrass Pipeline Company v. Kentuckians United to Restrain Eminent Domain (KURED) – No Eminent Domain

Here are some choice snippets:

In granting summary judgment, the trial court believed that KRS 278.502 only granted condemnation powers to entities providing public utilities regulated by the Public Service Commission. It also believed that since the pipeline was only going to be utilized to move NGLs to the Gulf of Mexico, the pipelines would not be “in public service.” We agree.

And another logical finding:

If these NGLs are not reaching Kentucky consumers, then Bluegrass and its pipeline cannot be said to be in the public service of Kentucky. We therefore affirm the circuit court’s judgment that Bluegrass does not possess the ability to condemn property through eminent domain.