Vermont Gas intends to use eminent domain to secure four parcels of land along the route of its pipeline from Chittenden County south to Middlebury, according to filings with state regulators.
A Vermont Gas attorney on Aug. 19 filed with the Public Service Board its intent to condemn four properties along the pipeline route, three in Williston and one in St. George. Eminent domain is a process through which private property is taken for public use and the landowner is compensated at fair market value.
There are 220 landowners along the proposed pipeline route, according to Vermont Gas. The company has successfully negotiated land agreements with nearly 70 percent of the landowners and another 20 percent are progressing toward an agreement, the company says.
“While Vermont Gas has been reluctant to invoke its statutory powers of eminent domain, the broader public good to be served by the project and the time constraints involved inevitably have made the filing of some eminent domain actions necessary,” said an attorney for the company in the filing the Vermont Public Service Board.
Vermont Gas has said it preferred to avoid using eminent domain. The company is offering landowners the option to negotiate with a mediator, paid for by the company, to help reach easement agreements while the eminent domain process is underway.
Company spokesman Steve Wark said Friday two landowners have agreed to work with the mediator.
“It’s really nice to see that people are working with us,” he said.
Wark said the reasons landowners have not reached an agreement with the company vary, but that in two cases the property owners generally oppose the project.
Gov. Peter Shumlin, who supports the project, said in a letter to lawmakers critical of the pipeline last week that he is “disappointed” with Vermont Gas’ negotiations with landowners. He said his administration is offering to provide a third-party appraiser to assess any landowners’ property taken through eminent domain.
According to documents filed with the Vermont Public Service Board, Vermont Gas is seeking a 50-foot wide permanent easement on property along Charles Road in Williston; a 50-foot wide permanent easement and 25-foot wide temporary workspace on property on George Road in Williston; a 50-foot wide permanent easement and 25-foot wide temporary workspace on another property on Charles Road in Williston; and a permanent easement covering 1.8 acres on property near Vermont 2A in St. George.
The Public Service Board hears eminent domain cases. No hearings have been scheduled. Landowners can appeal eminent domain rulings to a higher court.