[Congressional Record Volume 144, Number 16 (Thursday, February 26, 1998)]
[Senate]
[Pages S1075-S1076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THOMPSON:
  S. 1687. A bill to provide for notice to owners of property that may 
be subject to the exercise of eminent domain by private nongovernmental 
entities under certain Federal authorization statutes, and for other 
purposes; to the Committee on Governmental Affairs.


               the notice to property owners act of 1998

  Mr. THOMPSON. Mr. President, I rise today to introduce a bill aimed 
at preventing private property owners from being caught by surprise 
when a private company asks the Federal Government for the power to 
take their land.
  We had a situation in Marion County, TN, recently where the Federal 
Energy Regulatory Commission decided to grant the power of eminent 
domain to a private company for the purpose of building a natural gas 
pipeline through the county and then into Alabama.
  This pipeline will exclusively serve a new wallboard plant that the 
company plans to build in the area. And that is fine. But in the 
process, about 50 private property owners--homeowners, businessmen, 
farmers--are being forced to allow their property to be used for the 
exclusive benefit--and profit--of this private company.
  Now, that in and of itself raises a serious question in my mind. I 
wonder whether some greater public benefit needs to be demonstrated 
than simply the economic value of having this plant in the community. 
Again, we are talking about a situation where a private company is 
essentially being allowed to stand in the shoes of the Federal 
Government and seize an interest in the property of ordinary citizens 
but without committing that property to the direct use and benefit of 
the larger public. Now, that is the law as it stands today, as 
permitted, but it is a very serious matter and one which should not be 
taken lightly.
  But what I find especially troubling is the fact that these private 
land owners--my constituents--were never given personal notice that 
their lands could be taken for this private pipeline. Current 
regulations require only that notice be published in the Federal 
Register.
  If you do not happen to read the Federal Register on a daily basis 
you will never know that your property is about to be taken. Quite 
frankly, the Federal Register is not likely read in Marion County, TN, 
not by them and not by me, either, I might add. If you do not read it, 
the fact that your land is in jeopardy might be news to you until it is 
too late for you to participate meaningfully in the process in order to 
protect yourself and your interests. I think that is wrong.
  This legislation is very simple and straightforward. It would simply 
guarantee that property owners get personal notice by certified mail 
whenever a private company is seeking to acquire an interest in their 
property through the power of eminent domain. This would at the very 
least allow the landowners to meaningfully participate in the 
Government's decisionmaking process.
  That is something they did not get in this case. I do not think it is 
right. I

[[Page S1076]]

think it is pretty hard to argue that people should not have a right to 
know when the Federal Government is considering giving a private 
company the right to take their land. I do not think that anyone would 
argue that these folks should not be made aware of the rights they 
already have under the law. If you don't know about it, you can't 
protect it. That is what this bill would do.
  Just let me quickly mention a couple of things that this bill would 
not do. It would not affect State law. It only addresses a situation 
involving the Federal power of eminent domain. It would not restrict 
the Federal Government's ability to exercise the power of eminent 
domain itself. It only deals with situations where the Federal 
Government is considering whether or not to delegate the power of 
eminent domain to a private company. No Federal agency will find its 
right to acquire Federal lands through eminent domain restricted by 
this legislation. It would not cost the Federal Government any money. 
Under my bill the private companies seeking the right to exercise 
eminent domain--not the Government--would be responsible for notifying 
the property owners whose lands might be affected.
  What this bill does is state that property owners have the right to 
be notified when the Federal Government is considering giving a private 
company the right to take their land. It is basic fairness. They have a 
right to be notified at the outset of the proceedings in time for them 
to participate in the process. It gives them a chance to make sure that 
their voices are heard.
  That did not happen in Marion County. The folks there were not 
personally notified that their land was in jeopardy and they did not 
find out until it was too late. I just don't think that that is right.
  I hope the Senate will agree and will support this basic commonsense 
bill that I am introducing today.
                                 ______