In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge.

As I have previously noted, greater flexibility exists when challenging pipeline condemnations than many other situations.  In addition, pipeline companies are notorious for attempting to secure rights in excess of what they need for the current project.  Wolverine’s current project is a perfect case in point.  In 1953, Wolverine acquired property rights allowing it to install multiple pipelines from unsuspecting owners – and decades later their successors in title paid the price when Wolverine jammed its current project down their proverbial throats and into their literal backyards. 

In the present set of cases, Wolverine requested property rights that are grossly in excess of what they were allowed to secure under the necessity standards that control under Michigan law.  For example, Wolverine sought the right to construct multiple pipelines, of unlimited size, transporting any substances they desire, and included the right to construct whatever above-ground improvements they desired.

I challenged necessity.  As a result, Wolverine dramatically re-wrote their easement to address these issues.  As an added bonus, Wolverine paid tens of thousands of dollars in attorney fees resulting from the challenge.  The case is proceeding as to just compensation.

If a pipeline company approaches you, it is critical to understand your rights both to restrict the property rights being acquired and to be paid just compensation.  This blog post provides a more expansive discussion of general pipeline taking issues.