Implications arise in White County eminent domain cases

A case currently in the courtroom of White County Circuit Judge Bill Mills has the potential of bringing about a change to the Arkansas constitution and the way natural gas developers are allowed to operate. At issue is whether a natural gas company attempting to lay pipeline which will eventually connect with a transmission line used to take the gas to market is a "common carrier." If not, then the result is likely to be that condemnation of property by this company is unconstitutional since it is being done for "private use."

Arkansas law mandates that eminent domain only be exercised for "public use" -- such as railroads, utility lines, parks, public buildings and roads. Taking private property for private use has been a hotly debated topic since the Kelo v. City of New London decision was handed down by the United States Supreme Court in 2005. Here's more from the Searcy Daily Citizen.