Sec. 4. Eminent domain
323 words·~1 min read·
/bill/116/s/4502/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
With respect to the construction and operation of natural gas pipelines, it is the policy of the United States to protect the rights of citizens of the United States to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and required by the public convenience and necessity, and not merely to advance the economic interests of private parties that would be given ownership or use of the property taken.
Section 7(h) of the Natural Gas Act ( 15 U.S.C. 717f(h) ) is amended— by striking the subsection designation and all that follows through When any holder in the first sentence and inserting the following: When any holder ; in paragraph
(1)(as so designated), in the second sentence— by striking The practice and inserting the following: Subject to subparagraph (B), the practice ; in paragraph (2)(A) (as so designated), by striking situated: Provided, That the and inserting the following “situated. The ; and by adding at the end the following: In this paragraph, the term lost conservation value means— the value of any use of land for conservation purposes (as defined in section 1.170A–14(d) of title 26, Code of Federal Regulations (or a successor regulation)) that is interrupted or prevented by the exercise of the right of eminent domain under paragraph (1); any decrease in the value of land due to the interruption or prevention of a use described in clause (i); and any lost benefit or decrease in the value of a benefit due to the interruption or prevention of a use described in clause (i). In determining the just compensation for property acquired by the exercise of the right of eminent domain under paragraph (1), in the case of land subject to a conservation easement, the court with jurisdiction over the proceeding shall consider the lost conservation value of that land. .
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