According to S.C. Rep. Bill Hixon, R-North Augusta, laws on the books regarding eminent domain date back to the early 1900s.
The Colonial Pipeline was built in 1959, and Hixon was 2 years old at the time. That's why he, along with the rest of the Aiken County Legislative Delegation, signed and hand delivered a letter requesting input to S.C. Attorney General Alan Wilson.
In the letter, the legislators request Wilson's opinion in regard to three areas regarding the proposed Palmetto Pipeline.
The letter was signed by Hixon, S.C. Sen. Tom Young, R-Aiken, S.C. Sen. Shane Massey, R-Aiken, S.C. Rep. Bill Clyburn, D-Aiken and S.C. Rep. Chris Corley, R-Warrenville.
The three questions were posed to the Attorney General as North Augusta faces a potential fuel pipeline that would run from Baton Rouge, Louisiana, through Belton, South Carolina, and then through North Augusta and on to Jacksonville, Florida.
The Georgia Department of Transportation recently denied Kinder Morgan's certificate of need, which would have allowed the company to use eminent domain in the state.
Georgia law allows private companies to use eminent domain, but only if the certificate is issued. Kinder Morgan has said previously it plans to appeal the decision.
For South Carolina, the law is not quite so clear, leading lawmakers to turn to the attorney general for answers.
The first question posed, under South Carolina code, is if the provisions applied to waterworks, sewage disposal and natural gas lines also apply to oil and gas pipelines - most importantly, could Kinder Morgan wield the power of eminent domain in South Carolina?
If the answer is yes, the second question asks why it isn't unconstitutional according to S.C. Constitution Article I - which states "private property shall not be taken for private use without the consent of the owner, nor for public use without just compensation being first made for the property. Private property must not be condemned by eminent domain for any purpose or benefit including, but not limited to, the purpose or benefit of economic development, unless the condemnation is for public use."
Finally, if the proposal passes the first two questions, must they also follow all regulations, rules, legal requirements and other policies or procedures?
"My main thing is, being a Representative of the state, and of the people back home, I'm trying to protect private property rights," Hixon said. "We are trying to get an interpretation on the present day law. Tom (Young) and I, as well as the other group, are looking at the present day laws in an effort to strengthen them for the future in case this happens again, or for this situation. We want to try to help the people who don't want to sell or lease property, and we're trying to figure out what can be done and give them advice."
Hixon said the Palmetto Pipeline, which could carry a capacity of 167,000 barrels of fuel per day, follows the Colonial Pipeline from Belton to North Augusta. It starts deviating at the Hippodrome on Atomic Road.
"From there, it will go through Beech Island and Jackson, and cross the Savannah River at the Jackson Boat Landing," Hixon said. "There's nothing there now, pipeline-wise, so that's, as we say, 'plowing new ground.' It would go through swamps and all that stuff. What I'm concerned with is the people who may not want it. What we're trying to figure out is if a private company that is trying to do business in our state, can use eminent domain. That right is set up for cities, counties and states - not a private company - and that's the question we have."
Last week, Kinder Morgan held an open house at the North Augusta Community Center.
Some residents found the format confusing, as it did not allow for an opportunity for a question-and-answer public input session like those in Georgia.
"The main thing about that is they didn't have to do anything at all," Hixon said of Kinder Morgan. "They came voluntarily to that open house for us. That's the only meeting that has been held in South Carolina, and they wanted to have it in an open house format. I had several people come up to me, personally that I knew, and I told them if their questions were not answered, to come back to me. They didn't, so I assume everyone got their questions answered. This is just the beginning of the process."
Young said there is no firm date for an opinion, but the delegation anticipates to have one within the next few weeks - most likely in June.
According to Hixon, Kinder Morgan has not applied for any permits with DHEC. If the pipeline plan is submitted to DHEC, according to Young's newsletter, a formal public hearing will be held in South Carolina.
All members of the delegation are compiling comments, questions and concerns and have requested their constituents to contact them.
To contact Young or Massey, visit http://bit.ly/1Fdkoiq for their contact information.
To contact Hixon, Clyburn or Corley, visit http://bit.ly/1vHjvNI.