Those keeping up with news and events here and elsewhere know that Enbridge has been spending a lot of time lately suing Michigan landowners in court. We’ve been reporting on these condemnation hearings as best we can, especially on a few cases in Oakland County. But the past few days, all the action has been over in Livingston County. And unfortunately, Livingston makes it much more difficult to get a hold of court records than does Oakland. What’s more, the judge in the recent hearings, Judge Hatty, appears to prefer ruling from the bench, rather than in writing.
We can, however, say this much: the news out of Livingston is mixed. In the cases that have come before him, Judge Hatty has ruled that Enbridge’s easement language (the part we’ve discussed before, which says that they can send any old thing they want through their pipe, exceeds what the MPSC approval allows. That’s good news. However, unlike the TWO judges in Oakland County, Judge Hatty did not, therefore, dismiss Enbridge’s suits altogether. Instead, Hatty’s position seems to be “no harm, no foul”; let the suits commence. Also, in at least one case, Hatty ruled in favor of Enbridge on the question of “necessity”– which means, essentially, that Enbridge gets to “take” (ie, use) the land it wants. On the other hand, compensation still needs to be determined and we remain hopeful that the courts will help ensure that whatever agreement is reached is fair to the landowners, both in terms of monetary compensation and the language of the agreements, which should grant as many protections and assurances as possible to the property owners.