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Pipeline to take private property purely for increased profit potential On March 30, 2007, the Federal Energy Regulatory Commission (FERC) issued a Draft Environmental Impact Statement (DIES) for a proposed northern segment of Elba Express Pipeline through eastern North Georgia. Many landowners just accepted the issuance with the idea that it was a "done deal"… after all the federal government via FERC was sanctioning the project and there was "big money" to be made. In June, FERC issued a final EIS approving the project. FERC, formed in 1977, has the power to condemn private land through eminent domain. Eminent domain was intended to be used for the public good. Unfortunately, it has become a legal loophole for energy providing companies now engaged in competitive markets to increase profitsfor shareholders. Here is "the rest of story." This proposed project would needlessly condemn private land along an 83 mile long Greenfield agricultural space involving nearly two hundred landowners on a route through seven counties from Burke County to Hart County GA to connect with TRANSCO Pipeline. In addition, just before the connection in Hart County, a separate pipe would dog-leg east crossing the Savannah River then dog-leg north to connect with TRANSCO again in Anderson County SC. This separate pipe would be the key to avoiding $54,000,000 annually in interstate tariffs raising profitsin the same amount annually for two foreign oil companies. This is documented in the final EIS. FERC, an independent federal agency, is funded by the industries it regulates. Commissioners are nominated by the President and approved by the Senate with no oversight except by the federal courts. Individuals may comment on projects, but must appeal to the federal courts to legally oppose. In other words, individuals may voice their disagreement at FERC meetings or in writing which only amounts to allowing landowners to vent. BUT to truly have an impact on the final decision, landowners must tenaciously follow a complicated bureaucratic course and take legal action. The bottom line is individual property rights are only guaranteed if you can hire an attorney and appeal to the federal courts. A group of landowners from Elbert, Wilkes, and McDuffie Counties decided to challenge the pipeline because this project is to increase "private for profit"corporate revenues at their expense. LEEP (Landowners for Environmental and Economic Protection) engaged the services of Decker, Hallman, Barber, & Briggs of Atlanta in April 2006. For over a year, these attorneys have taken and completed all of the perfunctory steps in a bureaucratic process set up to discourage individuals from protecting their private property rights. The administrative process which was to comment, filea motion for hearing (which was denied), filea motion for rehearing (which was ignored), is now complete and an appeal will be made to the federal courts. These landowners and a growing group of supporters from Hart, Warren, Glascock, Jefferson, and Burke Counties intend to take the all of the steps to oppose this pipeline…a pipeline about greed not need. This pipeline will not benefit the North Georgia area. It will simply pass through seven Georgia counties to out-of-state markets that showed interest and signed nonbinding contracts to purchase the gas (if the pipeline was built) prior to public notification. An adequate infrastructure to supply the demand is in place. But this infrastructure doesn't allow the manipulation of natural gas through current pipes in order to increase profits.The new northern segment of Elba Express Pipeline would. North Georgia is an Agri-Business area that possesses Georgia's largest contiguous forest. As one county commission chairman has stated several times, "We are a 'right to farm' county." That means crops, animals, and trees. A pipeline for private corporate profit would take many acres out of farming due to restrictions to ensure the pipeline integrity (safety.) LEEP has asked and to date none of the seven counties has reported "signed" agreements guaranteeing the "big money" suggested by the pipeline company. Most landowners along the route have been disappointed with the initial offers for the "one time" fee for the rights of way considering that landowners will have to continue to pay future taxes on the land in the right of way that they will be rendered useless. The money that has been offered will not equal the losses over time according to most. LEEP suggests to all landowners affected by the pipeline that they read contracts carefully before signing them and be aware that landowners are not signing them, deciding to join the opposition instead. The only ones that will benefit from the pipeline are out of state. The only ones who will profit from the pipeline are the oil companies (foreign in this case.) The only ones that will have to sacrifice for the pipeline are local private landowners.
Anyone interested in supporting this effort should make their contributions made payable to DHBB Trust Account 3090 and mail it directly to Decker, Hallman, Barber, and Briggs, Suite 1700, 260 Peachtree St, Atlanta, GA 30303.
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