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The Pipeline Issue

Currently there are two pipelines that are being proposed to come through southwest Virginia, including the counties of Patrick and Henry.  There are many in the area who oppose these pipelines and the ability of the government to loosely define what is a public good.  These people believe the pipelines are not a public good but simply a way for two large corporations to get larger.  That being said, they do not want the pipeline to come through their land by force, something that can happen if the government claims eminent domain for their property. The issue carries with it many other areas that can be debated, including property rights and what can be called a public good. This page is an attempt to bring into the debate libertarian perspectives on these various issues as well as to allow your input on the matter.

The Libertarian Perspective

To give some insite into what the libertarian perspective would be for this particular issue, the discussion is broken down four ways so that the topic can be discussed from different angles. It is hoped that this section can shed light on the libertarian positions on these four aspects of political thought as well as where a libertarian might stand with regard to the overall issue. Links are provided so that you can learn more about where the Libertarian Party stands on each individual issue.

The Free Market. Libertarians believe very strongly in the free market and the ability of inviduals, as well as private companies, to gain greater wealth for themselves without too much government control. It is believed that when people work voluntarily and cooperate with each other they are more prosperous and peaceful than when they are subject to government controls. Often in contemporary politics, the state of the economy is attributed to the work of the public officials in office. What is true about prosperity, however, is that it is the result of people working freely together to gain greater wealth and not the result of government intervention. With this realization, libertarians support ideas that allow the markets more freedom from the restrictions of government because a market that works unrestricted is a market that is more prosperous. As for the issue of the pipelines, the libertarian position would have to consider the right of the companies involved to build structures using their own property in order to gain greater wealth. Follow this link to learn more about libertarian positions on the free market at Free-Market.Net and CATO Institute Center for Trade Policy Studies.

The Public Good. Another issue that could be discussed here is what government can consider a "public good." A public good is, by definition, something used, and in some sense owned, by the public and not just a single person or group of people. Often, things like road signs, roads themselves, and waterways are considered to be public goods because everyone can use them and they are not, at least not usually, owned by a single person or group. Maintaining what is considered a public is usually left up to government, so the issue is one of importance when discussing political philosophies.

There are actually two schools of thought within libertarianism about what should be considered a public good. The strictest of libertarians might argue that nothing, except maybe the air we breathe, is really a "public good" and that people serving their private interests will end up serving the public good "as if by an invisible hand," as put by Adam Smith. Some others might argue that some things, like roads and such, are public goods and government does have a role in maintaining them. Where both groups would agree is that we must not be quick in labeling something as a "public good." Many things, including some things which are currently labled as public goods, are often run better when left in the private sector. It would seem that profit making endeavors of private companies are usually not to be considered public goods from the libertarian point of view. For more information on this issue, and others of importance to libertarians, check out the book What It Means To Be a Libertarian: A Personal Interpretation by Charles Murray.

Environmental Concerns. The environment is something of importance to all of us and ensuring its protection is often considered essential to our survival. Libertarians share this point of view and do believe the environment is something that should be protected. Where libertarians may differ from other "environmentalists" is in their faith in a free market where private land owners protect the environment of their own land because it is in their best interests. Because of this faith in the free market to produce a system where individuals, and not the government, protect the interests of the environment, libertarians are sometimes considered "free market environmentalists." Many who oppose the construction of the pipelines in our area point to environmental concerns as a reason to oppose them, and in doing so they bring to the table many good points. From the libertarian perspective, however, these environmental concerns should take care of themselves through the free market. If Dominion, or Duke Power, does not take the necessary precautions in constructing their pipelines and a disaster does happen, it is the company that would loose the most in that they would have to clean up the mess and business may slow down due to the fact that customers would frown on such poor management. For these reasons, it is in the best interests of the company to maintain a clean and healthy environment around their endeavors. For more information follow this link on Environmentalism.

Property Rights/Eminent Domain. Probably the most controversial aspect of the pipeline issue, as well as others where private property is used for public projects, is what is known as eminent domain. Eminent domain is the power of the government to take private property for public use without the consent of the owner. The government can't just take property and leave, however, due to the 5th Amendment to the Constitution where it states "...nor shall private property be taken for public use, without just compensation." Due to this clause, government does have the right to take private property for public use but is required to compensate the owner for such takings. The issue of eminent domain is one that is closely related to the idea of a "public good" in that there is a question as to what can be considered to be for public use. The Libertarian Party believes very strongly in the right of the people to own property and because of this belief eminent domain is something that has to be carefully determined. In general, there is very little, according to libertarian philosophy, that can be considered for the public use since libertarians believe that most things should be left in the hands of the private sector anyway. As for the case of the pipeline, it would seem that eminent domain should not be claimed since it is questionable whether or not the endeavors of a private company should be considered for a public use. If the companies involved can find a way to build their pipelines without claiming eminent domain, then they should be allowed, otherwise they should probably look for other plans. Learn more about the libertarian perspective on property rights at Property Rights.

Also check out these articles by the CATO Institute:
Regulatory Takings: Law, Economics, and Politics
Property Rights: Understanding Government Takings  and Environmental Regulation
Protecting Private Property Rights from Regulatory Takings

The issue of the pipelines is not one that is clear and we have to be careful about how to approach it. The Libertarian Party believes in the ability of people, and companies, to fairly increase their earnings and compete on the open market. At the same time, the property rights of the people whose land would be affected should be protected. With these two positions in mind, the libertarian position would be to allow a pipeline, or any other structure, to be built only as long as the affected property owners are fairly compensated. If the property owners are found to be against the construction of the pipeline on their land, then the pipeline should not be allowed constructed on their land and the company will have to consider other plans.

How do you feel about the pipeline issue?

What do you think?  Should the pipelines be considered a public good creating the situation where many land owners are forced to give up their land for construction of the pipelines?  Vote below:

 

The Blue Ridge Coalition

This section is included so that the reader, if they so choose, can have the opportunity to participate in what will happen with regard to the two pipelines. The following comes from a group called The Blue Ridge Coalition, set up to bring together affected property owners in opposition to the pipelines.


The Blue Ridge Coalition is a non-profit group that has been formed for the soul purpose of fighting the two pipelines that are proposed to come through the counties of Patrick and Henry.  The pipelines are being proposed by Duke Energy and Dominion Transmission.  The purpose of the Duke Energy pipeline is to serve as a transport for fuel to be used in a future power plant.  Duke Energy/East Tennessee Natural Gas has applied for a permit to install this gas line.  Their docket number is CP01-415.  The second pipeline, for Dominion Transmission, would be built for the transport of natural gas from Charleston, West Virginia to Rockingham County, North Carolina.  The pipeline would run through southwest Virginia, making use of private property as well as park land, yet it will provide no service for the people in the area.  Dominion plans on using the land of Virginians only to transport their product more easily.  The only obvious beneficiary of the Dominion pipeline would be Dominion.

Although these two companies will claim that the pipelines are necessary for the public good, the coalition believes they are simply ways for them to cut costs.  A public good, by definition, is something that benefits everyone and not just a few.  Although the Dominion pipeline may provide some benefit to a few people in North Carolina, it will in no way benefit everyone and is therefore not a public good.  The reason for this argument is that Duke and Dominion must show that their proposed pipelines are for the public good in order for the government to allow them to come through.  If they do, they will be able to claim the private property of many Virginians for the construction of the pipelines.  Once constructed, the property owner cannot use the land within 50 feet of the pipeline but must pay taxes on the property as if it were still usable.

Currently, Duke and Dominion are each working to give easements to the property owners whose land will be affected by the pipelines.  If the property owners agree, they will be paid some amount for the use of their land.  If, however, they don't agree to allow the pipelines through their land, Duke or Dominion, depending on which pipeline is involved, will seek eminent domain on the land.  Eminent domain is claimed when the government considers something a public good and it gives the company the right to build that public good along with some sort of payment to the property owner for use of the land.  If eminent domain is claimed, the pipelines will come through regardless of the property owners' desire to keep it off their land.

The Blue Ridge Coalition wants to prevent this situation from happening by getting a majority of the affected property owners to say no to the pipeline.  If enough people fight it, there is a chance that it will not come through.  The coalition needs your help.  You can send donations to the address below and contact coalition members by the numbers provided.

Blue Ridge Coalition
P.O. Box 391
Stuart, VA 24171

Ellen Fulcher: 694-7004; 694-6421
Ron Meadows: 694-4411

Also, please write the Federal Government about your opposition to the pipelines and include the docket number above as reference.  They can be reached at the following.

Federal Energy Regulatory Commission
Office of the Secretary
888 First St., NE
Washington, DC 20426


You can learn more about where the party stands on the issues at our national headquarters web site, www.lp.org , or the state website LPVA.com .

Email:
Martinsville@LPVA.com