Landowners To Challenge Constitutionality Of Bayou Bridge Pipeline Construction

WWNO - New Orleans Public Radio | By Travis Lux,

Travis Lux

Published November 15, 2018 at 2:23 PM CST

The property at the center of the case is the same on which protesters clashed with construction workers and St. Martin Parish Sheriff deputies earlier this summer.

The Bayou Bridge Pipeline faces another legal challenge from landowners opposed to construction. Judge Keith Comeaux will hold a pre-trial hearing in St. Marin Parish on Friday, November 16th, at which lawyers for the landowners hope the pipeline could be stopped on constitutional grounds.

The case has to do with a 38 acre parcel of land in the Atchafalaya Basin.

The company building the crude oil pipeline from Lake Charles to St. James Parish, Energy Transfer Partners, sued landowners for the right to build the pipeline on their property under eminent domain -- a process sometimes used by governments to seize land for projects deemed to be in the interest of the public.

A few of the landowners, represented by lawyers from the Center for Constitutional Rights and the Atchafalaya Basinkeeper disagree. They claim it's unconstitutional for a private company to use eminent domain.

That concern will be addressed at Friday’s pre-trial hearing. Lawyers for the landowners believe one possible outcome is the judge could rule the pipeline should be stopped. If the judge disagrees with the landowners, the full eminent domain trial will be heard on November 27th.

Energy Transfer says the pipeline is currently 90% complete and expects it will be in service by the end of the year.

Support for the Coastal Desk comes from the Walton Family Foundation, the Greater New Orleans Foundation, the Foundation for Louisiana, and local listeners.