Members of the South Carolina Legislature representing Aiken and Edgefield counties filed bills Wednesday attempting to clarify the state's eminent domain laws in response to a proposed gas pipeline that would run through both counties.
The pipeline, a project of energy company Kinder Morgan, has created confusion among some residents in both counties as far as the company's right to seize the land of private property owners.
This lack of clarity also has lead local lawmakers to request an opinion from the state's attorney general to find a better understanding of the rights of the company and the rights of residents.
Lawmakers indicated that the existing law related to the power of eminent domain - the right to seize private property for public use - is decades old and deals more predominately with the rights of utility and power companies, rather than the construction of fuel pipelines.
S.C. Sen. Tom Young, R-Aiken, said companion bills - ones with similar language - were filed Wednesday in both the S.C. House and S.C. Senate regarding the issue.
The bills seek to establish a clearer framework by which a private company, particularly one seeking a petroleum pipeline, would have certain requirements to meet before they can have the power to exercise eminent domain.
The bills would require such companies to obtain a permit from the state's Public Service Commission, a state agency that already carries some oversight of utility projects, as well as the state's Department of Health and Environmental Control.
During the process of those two agencies considering the issuing of permits, the legislation also would necessitate these agencies garnering some form of public input, Young said.
He noted the push for such legislation was, at least in part, also in response to the requirements the state of Georgia already has in place for such projects.
The Georgia Department of Transportation recently denied Kinder Morgan's certificate of need request related to moving forward with the project, 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. Representatives of Kinder Morgan have said the company plans to appeal the decision.
The Palmetto Pipeline would carry up to 167,000 barrels of refined petroleum a day from Belton through Aiken and Edgefield counties. Currently, the pipeline is set to cross the Savannah River, work its way down the Georgia coast and end in Jacksonville, Florida.
Georgia lawmakers updated their laws less than a decade ago that apply to such a project, Young said.
Regarding the drafting of the new legislation for South Carolina, similar laws in the state are more than a half century old, he said.
"There is some question as to which laws we have would apply," Young said. "By filing this legislation, our goal is to update our laws in our state that would apply in a situation involving a private company wanting to install a petroleum pipeline and have the power to exercise eminent domain."
If passed by the South Carolina General Assembly, the legislation would stipulate that companies meet a number of marks before moving forward.
These would include that the installation of a petroleum pipeline in the state would have to show public necessity, which is defined in the legislation as being vital to the welfare of state residents after the weighing of any potential environmental harm.
Michael Ulmer is the opinions page editor.