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113-515: The Mountain Valley Pipeline (MVP) is a natural gas pipeline constructed from northwestern West Virginia to southern Virginia . The MVP is 303 miles (488 km) long, and there is also a proposed Southgate Extension which will run 75 miles (121 km) from Virginia into North Carolina. The completed pipeline has a capacity of 2 million dekatherms (Dths) of natural gas per day (approximately 200 TWh per year), with gas produced from

226-576: A "government sanctioned land grab" impacting not only the environment, but also the local economies of surrounding towns. In June 2018, a federal court put a hold on a required permit for construction of the pipeline in Monroe County, West Virginia . Compressor stations that were proposed as part of the Southgate extension were denied permits in Virginia in 2021 when state regulators ruled that

339-546: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of

452-425: A depth of about 3 to 6 feet (0.91 to 1.83 m). To protect pipes from impact , abrasion , and corrosion , a variety of methods are used. These can include wood lagging (wood slats), concrete coating, rockshield, high-density polyethylene , imported sand padding, sacrificial cathodes and padding machines. Crude oil contains varying amounts of paraffin wax and in colder climates wax buildup may occur within

565-589: A distinction is made between a "flowline" and a pipeline. The former is an intrafield pipeline, in the sense that it is used to connect subsea wellheads , manifolds and the platform within a particular development field. The latter, sometimes referred to as an "export pipeline", is used to bring the resource to shore. The construction and maintenance of marine pipelines imply logistical challenges that are different from those onland, mainly because of wave and current dynamics, along with other geohazards . In Nigeria oil pipelines get bored by thieves, in 2022, during

678-471: A fuel in oil fields to heat various facilities used by the oil drillers or equipment and trucks used in the oil patch. EG: Propane will convert from a gas to a liquid under light pressure, 100 psi, give or take depending on temperature, and is pumped into cars and trucks at less than 125 psi (860 kPa) at retail stations. Pipelines and rail cars use about double that pressure to pump at 250 psi (1,700 kPa). The distance to ship propane to markets

791-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with

904-477: A market demand and Federal Energy Regulatory Commission (FERC) Certificate policy requires at least 25 percent of the Mountain Valley Pipeline's capacity to deliver natural gas be met by service contract agreements in order to justify the need for the project. MVP LLC was able to secure these service contracts allowing them to proceed with the proposed project. The completed pipeline would have

1017-619: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for

1130-581: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of

1243-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to

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1356-542: A pipeline is currently being constructed from North Dakota to Illinois, commonly known as the Dakota Access Pipeline . As more North American pipelines are built, even more exports of LNG, propane, butane, and other natural gas products occur on all three US coasts. To give insight, North Dakota Bakken region's oil production has grown by 600% from 2007 to 2015. North Dakota oil companies are shipping huge amounts of oil by tanker rail car as they can direct

1469-452: A pipeline system are: Since oil and gas pipelines are an important asset of the economic development of almost any country, it has been required either by government regulations or internal policies to ensure the safety of the assets, and the population and environment where these pipelines run. Pipeline companies face government regulation, environmental constraints and social situations. Government regulations may define minimum staff to run

1582-501: A pipeline. Often these pipelines are inspected and cleaned using pigging , the practice of using devices known as "pigs" to perform various maintenance operations on a pipeline. The devices are also known as "scrapers" or "Go-devils". "Smart pigs" (also known as "intelligent" or "intelligence" pigs) are used to detect anomalies in the pipe such as dents, metal loss caused by corrosion, cracking or other mechanical damage. These devices are launched from pig-launcher stations and travel through

1695-500: A presently rated 250,000 barrels equivalent per day pipeline, it will be expanded to between 1.0 and 1.3 million barrels per day. It will bring western oil to refineries in Ontario, Michigan, Ohio, Pennsylvania, Quebec and New York by early 2014. New Brunswick will also refine some of this western Canadian crude and export some crude and refined oil to Europe from its deep water oil ULCC loading port. Although pipelines can be built under

1808-449: A problem for pipeline companies. In this case, the detection levels should be under two percent of maximum flow, with a high expectation for location accuracy. Various technologies and strategies have been implemented for monitoring pipelines, from physically walking the lines to satellite surveillance. The most common technology to protect pipelines from occasional leaks is Computational Pipeline Monitoring or CPM. CPM takes information from

1921-629: A section of the Appalachian Trail, and, according to Outside magazine, blocking food and water supplies to protesters. In Virginia , bumper stickers are appearing on cars that read "No Pipeline". Many articles against the pipeline have been published in The Roanoke Times , and many protests have been organized. The MVP has been cited by government agencies for violations of Virginia's Stormwater Management Act because of problems with runoff from land clearing while installing

2034-462: A set of screens or Human Machine Interface , showing the operational conditions of the pipeline. The operator can monitor the hydraulic conditions of the line, as well as send operational commands (open/close valves, turn on/off compressors or pumps, change setpoints, etc.) through the SCADA system to the field. To optimize and secure the operation of these assets, some pipeline companies are using what

2147-664: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over

2260-459: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus

2373-440: A variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in

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2486-403: A way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in the eminent domain action. Takings may be of

2599-649: Is a 525-kilometre (326 mi) slurry pipeline which is planned to transport iron ore from the Minas-Rio mine (producing 26.5 million tonnes per year) to the Port of Açu in Brazil. An existing example is the 85-kilometre (53 mi) Savage River Slurry pipeline in Tasmania , Australia, possibly the world's first when it was built in 1967. It includes a 366-metre (1,201 ft) bridge span at 167 metres (548 ft) above

2712-644: Is a TransCanada natural gas line going north across the Niagara region bridges. This gas line carries Marcellus shale gas from Pennsylvania and other tied in methane or natural gas sources into the Canadian province of Ontario. It began operations in the fall of 2012, supplying 16 percent of all the natural gas used in Ontario. This new US-supplied natural gas displaces the natural gas formerly shipped to Ontario from western Canada in Alberta and Manitoba, thus dropping

2825-764: Is an interstate pipeline so it is federally regulated by the Federal Energy Regulatory Commission under United States Natural Gas Act . State level ordinances also apply. In October 2015, MVP LLC applied for permits for the pipeline from FERC, and the regulatory commission issued the Final Environmental Impact Statement in June 2017. The pipeline's operation would be regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA). The evidence of

2938-697: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and

3051-467: Is called "Advanced Pipeline Applications", which are software tools installed on top of the SCADA system, that provide extended functionality to perform leak detection, leak location, batch tracking (liquid lines), pig tracking, composition tracking, predictive modeling, look ahead modeling, and operator training. Pipeline networks are composed of several pieces of equipment that operate together to move products from location to location. The main elements of

3164-705: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,

3277-494: Is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even the taking of a professional sports team 's franchise has been held by the California Supreme Court to be within

3390-503: Is less efficient to produce and transport due to greater heat losses. Heat transfer oils are generally not used for economic and ecological reasons. The typical annual loss of thermal energy through distribution is around 10%, as seen in Norway's district heating network. District heating pipelines are normally installed underground, with some exceptions. Within the system, heat storage may be installed to even out peak load demands. Heat

3503-445: Is moved through the pipelines by pump stations along the pipeline. Natural gas (and similar gaseous fuels) are pressurized into liquids known as natural gas liquids (NGLs). Natural gas pipelines are constructed of carbon steel . Hydrogen pipeline transport is the transportation of hydrogen through a pipe. Pipelines are one of the safest ways of transporting materials as compared to road or rail, and hence in war, pipelines are often

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3616-625: Is much shorter, as thousands of natural-gas processing plants are located in or near oil fields. Many Bakken Basin oil companies in North Dakota, Montana, Manitoba and Saskatchewan gas fields separate the NGLs in the field, allowing the drillers to sell propane directly to small wholesalers, eliminating the large refinery control of product and prices for propane or butane. The most recent major pipeline to start operating in North America

3729-686: Is odorless unless mixed with a mercaptan odorant where required by a regulating authority. A major ammonia pipeline is the Ukrainian Transammiak line connecting the TogliattiAzot facility in Russia to the exporting Black Sea -port of Odesa . Pipelines have been used for transportation of ethanol in Brazil, and there are several ethanol pipeline projects in Brazil and the United States. The main problems related to

3842-431: Is over 2,800 kilometres (1,700 mi) long, and is connected to wells tapping an aquifer over 500 metres (1,600 ft) underground. District heating or teleheating systems consist of a network of insulated feed and return pipes which transport heated water, pressurized hot water , or sometimes steam to the customer. While steam is hottest and may be used in industrial processes due to its higher temperature, it

3955-609: Is still in operation. As of 2004 , there are 900 miles (1,400 km) of low pressure hydrogen pipelines in the US and 930 miles (1,500 km) in Europe. Two millennia ago, the ancient Romans made use of large aqueducts to transport water from higher elevations by building the aqueducts in graduated segments that allowed gravity to push the water along until it reached its destination. Hundreds of these were built throughout Europe and elsewhere, and along with flour mills were considered

4068-421: Is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise

4181-405: Is the most desirable option, but ethanol's affinity for water and solvent properties require the use of a dedicated pipeline, or significant cleanup of existing pipelines. Slurry pipelines are sometimes used to transport coal or ore from mines. The material to be transported is closely mixed with water before being introduced to the pipeline; at the far end, the material must be dried. One example

4294-609: Is transferred into the central heating of the dwellings through heat exchangers at heat substations , without mixing of the fluids in either system. Bars in the Veltins-Arena , a major football ground in Gelsenkirchen , Germany, are interconnected by a 5-kilometre (3.1 mi) long beer pipeline. In Randers city in Denmark, the so-called Thor Beer pipeline was operated. Originally, copper pipes ran directly from

4407-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where

4520-528: Is usually known as the "Main Control Room". In this center, all the data related to field measurement is consolidated in one central database. The data is received from multiple RTUs along the pipeline. It is common to find RTUs installed at every station along the pipeline. The SCADA system at the Main Control Room receives all the field data and presents it to the pipeline operator through

4633-541: The Appalachian Trail near Peters Mountain Wilderness in Virginia. The MVP is owned by Mountain Valley Pipeline, LLC (MVP LLC), which is a joint venture between Equitrans Midstream , NextEra Energy Resources , Con Edison Transmission and other midstream partners. The MVP would be operated by Equitrans Midstream which is the majority owner. Equitrans Midstream was formed in a June 2020 merger. The MVP

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4746-744: The FERC and others, reviews proposed pipeline projects in order to comply with the Clean Water Act , the National Environmental Policy Act , other laws and, in some cases, municipal laws. The Biden administration has sought to permit the respective states and tribal groups to appraise and potentially block the proposed projects. Field devices are instrumentation, data gathering units and communication systems. The field instrumentation includes flow, pressure, and temperature gauges/transmitters, and other devices to measure

4859-603: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish

4972-657: The Fiscal Responsibility Act that requires all federal permits needed to complete the project be issued by June 24, 2023. The project developer expects the pipeline to be in-service by mid-year 2024. The MVP project is a natural gas pipeline from northwestern West Virginia to southern Virginia receiving its supply from the Marcellus and Utica shale sites. It is able to provide up to two billion cubic feet of firm capacity per day. The pipeline spans approximately 303 miles (488 km), and its route crosses

5085-748: The Inflation Reduction Act . His proposed legislation would have required the Federal Energy Regulatory Commission (FERC) to take "all necessary actions" to ensure completion of the MVP. This deal prompted protests in Washington, DC in September, led by Indigenous people and others voicing environmental justice concerns. Manchin's bill was later withdrawn. On June 3, 2023, President Biden signed into law

5198-798: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which

5311-568: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation

5424-464: The Marcellus and Utica shale formations . The pipeline was met with opposition in the form of legal challenges, regulatory hurdles, direct action and destruction of property. Some of the issues raised by opponents include the seizure of land through eminent domain and negative impacts to the forests, waterways, and protected wildlife. Opponents have also voiced concerns about the project's contribution to climate change, and permits have been denied on

5537-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,

5650-511: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have

5763-631: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of

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5876-1038: The Appalachian Trail. The Appalachian Trail Conservancy has opposed the pipeline, with the following concerns: The Natural Resources Defense Council , an environmental advocacy group, says: June 12, 2014 October 2014 October 23, 2015 October 13, 2017 December 2017 December 20, 2017 December 22, 2017 January 31, 2018 2018 (first quarter) July 3, 2018 July 27, 2018 October 2, 2018 November 27, 2018 December 2018 March 1, 2019 October 11, 2019 October 15, 2019 June 2020 July 31, 2020 August 11, 2020 August 25, 2020 September 4, 2020 September 11, 2020 September 22, 2020 October 9, 2020 February 21, 2022 July 27, 2022 September 8, 2022 May 31, 2023 June 1, 2023 Natural gas pipeline Pipeline and Gas Journal' s worldwide survey figures indicate that 118,623 miles (190,905 km) of pipelines are planned and under construction. Of these, 88,976 miles (143,193 km) represent projects in

5989-659: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens

6102-708: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with

6215-579: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of

6328-466: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from

6441-609: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,

6554-471: The Russian-Ukrainian war, the submarine natural gas pipelines Nord Stream I and II got blasted. In general, pipelines can be classified in three categories depending on purpose: When a pipeline is built, the construction project not only covers the civil engineering work to lay the pipeline and build the pump/compressor stations, it also has to cover all the work related to the installation of

6667-598: The Savage River. Hydrogen pipeline transport is a transportation of hydrogen through a pipe as part of the hydrogen infrastructure . Hydrogen pipeline transport is used to connect the point of hydrogen production or delivery of hydrogen with the point of demand, with transport costs similar to CNG , the technology is proven. Most hydrogen is produced at the place of demand with every 50 to 100 miles (160 km) an industrial production facility. The 1938 Rhine-Ruhr 240-kilometre (150 mi) hydrogen pipeline

6780-521: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as

6893-525: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",

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7006-425: The US. The distance from the biggest oil patch in North Dakota, in Williston, North Dakota , is only about 85 miles or 137 kilometers to the Canada–US border and Manitoba . Mutual funds and joint ventures are the largest investors in new oil and gas pipelines. In the fall of 2012, the US began exporting propane to Europe, known as LPG, as wholesale prices there are much higher than in North America. Additionally,

7119-554: The United States, 70% of crude oil and petroleum products are shipped by pipeline. (23% are by ship, 4% by truck, and 3% by rail) In Canada for natural gas and petroleum products, 97% are shipped by pipeline. Natural gas (and similar gaseous fuels) are lightly pressurized into liquids known as Natural Gas Liquids (NGLs). Small NGL processing facilities can be located in oil fields so the butane and propane liquid under light pressure of 125 pounds per square inch (860 kPa), can be shipped by rail, truck or pipeline. Propane can be used as

7232-425: The ability to ship 2 million dekatherms (Dts) of natural gas per day for distribution, with a large quantity of that gas being produced from the Marcellus and Utica shale formations. Opposition was met during the initial request to obtain a certificate of convenience and necessity from the FERC. Some of the issues raised by citizen groups include the right of eminent domain and the potential for negative impacts to

7345-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be

7458-505: The basis of environmental justice laws in the state of Virginia. These challenges have resulted in the project being years behind schedule and billions of dollars over budget. The American Petroleum Institute stated that the pipeline would get a cleaner, cost-effective fuel to market and spur the economy. In July 2022, West Virginia senator Joe Manchin negotiated with US Democratic Party leadership to ease regulatory barriers for major infrastructure projects in exchange for his support of

7571-428: The brewery, but when the brewery moved out of the city in the 1990s, Thor Beer replaced it with a giant tank. A three-kilometer beer pipeline was completed in Bruges , Belgium in September 2016 to reduce truck traffic on the city streets. The village of Hallstatt in Austria, which is known for its long history of salt mining , claims to contain "the oldest industrial pipeline in the world", dating back to 1595. It

7684-412: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,

7797-465: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of

7910-609: The economic downturn in 2008. After faltering in 2009, demand for pipeline expansion and updating increased the following year as energy production grew. By 2012, almost 32,000 miles (51500 km) of North American pipeline were being planned or under construction. When pipelines are constrained, additional pipeline product transportation options may include the use of drag reducing agents, or by transporting product via truck or rail. Oil pipelines are made from steel or plastic tubes with inner diameter typically from 4 to 48 inches (100 to 1,220 mm). Most pipelines are typically buried at

8023-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation

8136-513: The field devices that will support remote operation. The pipeline is routed along what is known as a "right of way". Pipelines are generally developed and built using the following stages: Russia has "Pipeline Troops" as part of the Rear Services , who are trained to build and repair pipelines. Russia is the only country to have Pipeline Troops. The U.S. government, mainly through the EPA ,

8249-685: The field related to pressures, flows, and temperatures to estimate the hydraulic behavior of the product being transported. Once the estimation is completed, the results are compared to other field references to detect the presence of an anomaly or unexpected situation, which may be related to a leak. The American Petroleum Institute has published several articles related to the performance of CPM in liquids pipelines. The API Publications are: Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation ,

8362-532: The forests, waterways, and protected wildlife during construction. Concerns were raised because the route cuts across the Appalachian Trail . Activists have set up numerous blockades to prevent construction along the pipeline path including a month-long tree-sit near Peters Mountain, an aerial blockade in which a woman occupied a platform atop a pole for 57 days, other aerial blockades, and the 932 day yellow finch tree-sit from September 2018 to March 2021. Protestors have also blocked construction by parking junk cars on

8475-402: The functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take

8588-437: The generation of suction pressure for useful work and in transporting solid objects. Pipelines are useful for transporting water for drinking or irrigation over long distances when it needs to move over hills , or where canals or channels are poor choices due to considerations of evaporation , pollution , or environmental impact. Oil pipelines are made from steel or plastic tubes which are usually buried. The oil

8701-581: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However

8814-588: The government regulated pipeline shipping charges because of the significantly shorter distance from gas source to consumer. To avoid delays and US government regulation, many small, medium and large oil producers in North Dakota have decided to run an oil pipeline north to Canada to meet up with a Canadian oil pipeline shipping oil from west to east. This allows the Bakken Basin and Three Forks oil producers to get higher negotiated prices for their oil because they will not be restricted to just one wholesale market in

8927-429: The land used to build the pipeline was taken from private landowners by eminent domain. A ruling by U.S. District Court Judge Elizabeth Dillon on January 31, 2018, granted the right of eminent domain to MVP LLC in a disputed area but required current appraisals and bonds be set forth to compensate for any losses incurred by the land owners. Landowners located along the pipeline project see the privately owned pipeline as

9040-575: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,

9153-466: The lifeline of the Roman Empire. The ancient Chinese also made use of channels and pipe systems for public works. The famous Han dynasty court eunuch Zhang Rang (d. 189 AD) once ordered the engineer Bi Lan to construct a series of square-pallet chain pumps outside the capital city of Luoyang . These chain pumps serviced the imperial palaces and living quarters of the capital city as

9266-416: The mainland. In 1994, the pipeline was abandoned. In places, a pipeline may have to cross water expanses, such as small seas, straits and rivers. In many instances, they lie entirely on the seabed. These pipelines are referred to as "marine" pipelines (also, "submarine" or "offshore" pipelines). They are used primarily to carry oil or gas, but transportation of water is also important. In offshore projects,

9379-413: The most economical way to transport large quantities of oil, refined oil products or natural gas over land. For example, in 2014, pipeline transport of crude oil cost about $ 5 per barrel, while rail transport cost about $ 10 to $ 15 per barrel. Trucking has even higher costs due to the additional labor required; employment on completed pipelines represents only "1% of that of the trucking industry.". In

9492-426: The need for the project and its purpose. Additional inquiries called in to question whether there were alternatives to avoid impacts to the forest among other things which were detailed in the Final Environmental Impact Statement, along with recommendations by the FERC to minimize the impacts on the environment. The environmental concerns of the pipeline include threats to the streams, rivers, and drinking water along

9605-590: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by

9718-526: The oil to the market that gives the best price, and rail cars can be used to avoid a congested oil pipeline to get the oil to a different pipeline in order to get the oil to market faster or to a different less busy oil refinery. However, pipelines provide a cheaper means to transport by volume. Enbridge in Canada is applying to reverse an oil pipeline going from east-to-west (Line 9) and expanding it and using it to ship western Canadian bitumen oil eastward. From

9831-451: The operation, operator training requirements, pipeline facilities, technology and applications required to ensure operational safety. For example, in the State of Washington it is mandatory for pipeline operators to be able to detect and locate leaks of 8 percent of maximum flow within fifteen minutes or less. Social factors also affect the operation of pipelines. Product theft is sometimes also

9944-497: The permits would violate state environmental justice laws. Residents were concerned about noise, pollution, and the danger of explosions. The American Petroleum Institute stated that the pipeline would get a cleaner, cheaper fuel to market and spur the economy. There are concerns however from communities that will be impacted by the pipeline's construction and from groups who want to preserve historical landmarks, forests, wildlife, waterways, and parks. Questions were raised regarding

10057-494: The pipeline route or locking themselves to machinery; in one case, a professor chained herself to construction equipment. Obstruction of pipeline construction has been ongoing in spite of significant criminal and civil penalties being levied against protestors. The head of the Jefferson National Forest was reassigned, allegedly due to heavy handed tactics involving the protest, which included running ATVs on

10170-422: The pipeline to be received at any other station down-stream, either cleaning wax deposits and material that may have accumulated inside the line or inspecting and recording the condition of the line. For natural gas, pipelines are constructed of carbon steel and vary in size from 2 to 60 inches (51 to 1,524 mm) in diameter, depending on the type of pipeline. The gas is pressurized by compressor stations and

10283-819: The pipeline. The pipeline was challenged in court, including lawsuits during 2018 in which cultural preservation officers from the Rosebud Sioux Tribe and the Cheyenne River Sioux Tribe sued FERC for failing to satisfy the requirements of the National Historic Preservation Act after they found evidence of burial mounds along the path of the pipeline. These lawsuits were thrown out by federal courts in February 2019. Many landowners complain that they are kept up at night by construction, mainly because most of

10396-503: The planning and design phase; 29,647 miles (47,712 km) reflect pipelines in various stages of construction. Liquids and gases are transported in pipelines, and any chemically stable substance can be sent through a pipeline. Pipelines exist for the transport of crude and refined petroleum, fuels – such as oil, natural gas and biofuels – and other fluids including sewage , slurry , water , beer , hot water or steam for shorter distances and even pneumatic systems which allow for

10509-492: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted

10622-405: The property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such

10735-407: The property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of a mine seized during World War II). In most takings owners are not compensated for

10848-601: The purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to the [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to

10961-584: The relevant data required. These instruments are installed along the pipeline on some specific locations, such as injection or delivery stations, pump stations (liquid pipelines) or compressor stations (gas pipelines), and block valve stations. The information measured by these field instruments is then gathered in local remote terminal units (RTU) that transfer the field data to a central location in real time using communication systems, such as satellite channels, microwave links, or cellular phone connections. Pipelines are controlled and operated remotely, from what

11074-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for

11187-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by

11300-571: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of

11413-408: The route. This can include the forests, endangered species, fish nurseries, and the public lands that surround the pipeline. Water contamination has been one of the biggest concerns with the growth of this project, and there are concerns by some about the path of the pipeline, which cuts across sections of national forests including the Jefferson National Forest in Virginia and West Virginia along with

11526-445: The sea, that process is economically and technically demanding, so the majority of oil at sea is transported by tanker ships . Similarly, it is often more economically feasible to transport natural gas in the form of LNG, however the break-even point between LNG and pipelines would depend on the volume of natural gas and the distance it travels. The market size for oil and gas pipeline construction experienced tremendous growth prior to

11639-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of

11752-568: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout

11865-521: The subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by the Dutch jurist Hugo Grotius in 1625, which used

11978-615: The target of military attacks. It is well documented when the first crude oil pipeline was built. Credit for the development of pipeline transport belongs indisputably to the Oil Transport Association, which first constructed a 2-inch (51 mm) wrought iron pipeline over a 6-mile (9.7 km) track from an oil field in Pennsylvania to a railroad station in Oil Creek , in the 1860s. Pipelines are generally

12091-543: The term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this

12204-462: The transport of ethanol by pipeline are its corrosive nature and tendency to absorb water and impurities in pipelines, which are not problems with oil and natural gas. Insufficient volumes and cost-effectiveness are other considerations limiting construction of ethanol pipelines. In the US minimal amounts of ethanol are transported by pipeline. Most ethanol is shipped by rail, the main alternatives being truck and barge. Delivering ethanol by pipeline

12317-557: The water lifted by the chain pumps was brought in by a stoneware pipe system. Pipelines are useful for transporting water for drinking or irrigation over long distances when it needs to move over hills , or where canals or channels are poor choices due to considerations of evaporation , pollution , or environmental impact. The 530 km (330 miles) Goldfields Water Supply Scheme in Western Australia using 750 mm (30 inch) pipe and completed in 1903

12430-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If

12543-458: Was constructed from 13,000 hollowed-out tree trunks to transport brine 40 kilometres (25 mi) from Hallstatt to Ebensee . Between 1978 and 1994, a 15 km milk pipeline ran between the Dutch island of Ameland and Holwerd on the mainland, of which 8 km was beneath the Wadden Sea . Every day, 30,000 litres of milk produced on the island were transported to be processed on

12656-469: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner

12769-987: Was the largest water supply scheme of its time. Examples of significant water pipelines in South Australia are the Morgan-Whyalla pipeline (completed 1944) and Mannum-Adelaide pipeline (completed 1955) pipelines, both part of the larger Snowy Mountains scheme . There are two Los Angeles, California aqueducts, the Owens Valley aqueduct (completed 1913) and the Second Los Angeles Aqueduct (completed 1970) which also include extensive use of pipelines. The Great Manmade River of Libya supplies 3,680,000 cubic metres (4,810,000 cu yd) of water each day to Tripoli, Benghazi, Sirte, and several other cities in Libya. The pipeline

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