2005 Energy Act Eminent Domain Provision
The 2005 Act's provisions dealing with power transportation and transmission are also likely to be consequential. One provision charges the Departments of Agriculture, Commerce, Defense, Energy and Interior with preparing a list designating federal land corridors that are needed for oil and natural gas pipelines and electric transmission lines. Another provision of the 2005 Act creates, for the first time, backstop jurisdiction in FERC to permit (and confer eminent domain authority for) construction of new or upgraded power lines in transmission constrained areas. This jurisdiction is triggered when the relevant state siting authorities are unable to act on a proposed transmission project within one year. This federal authority, in tandem with the designation of federal energy corridors, is certain to induce new interest in major pipeline and power line developments. (H.R. 6) [UPDATE]
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