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North Dakota Court: Similar Sales Admissible to Determine Just Compensation for Eminent Domain | McGuireWoods LLP

In WBI Energy Transmission, Inc. v. Easement and Right-of-Way Across, WBI Energy Transmission’s Motion in Limine to Exclude Evidence or Testimony of Other Easement Transactions” was denied in a ruling filed April 1, 2021. The court held that similar transactions are admissible in a bench trial to determine “just compensation” for eminent domain. WBI Energy is an interstate natural gas transmission, gathering and storage company operating under the jurisdiction of the Federal Energy Regulatory Commission. It holds a certificate of public convenience and necessity authorizing it to acquire and operate the interstate pipeline facilities previously owned and operated by Montana-Dakota Utilities. As a holder of this certificate, WBI Energy can acquire the requisite rights of way to construct, operate and maintain a pipeline for the transportation of natural gas by the exercise of the right of eminent domain when such rights of way cannot be acquired by contract.

Candy darter fish gets critical habitat designation, but remains in the path of a pipeline

BY LAURENCE HAMMACK The Roanoke Times Nearly 370 miles of mountain streams in Virginia and West Virginia have been declared a critical habitat for the candy darter, a small, rainbow-colored fish that two years ago was listed as an endangered species. The U.S. Fish and Wildlife Service said this week that the designation will carry conservation measures meant to lessen “the looming threat of losing one of North America’s most vivid freshwater fish.” But it won’t stop the Mountain Valley Pipeline from crossing the streams — either buried in trenches dug along their bottoms or through tunnels bored beneath them — that lie in its path.

Page A1 | E-Editions | roanoke com

The Roanoke Times, File 2017  Nearly 370 miles of mountain streams in Virginia and West Virginia have been declared a critical habitat for the candy darter, a small, rainbow-colored fish that two years ago was listed as an endangered species. Courtesy of U.S. Fish and Wildlife Service  An opinion released by the Fish and Wildlife Service found that running a massive natural gas pipeline 303 miles through mostly rural terrain is not likely to jeopardize the candy darters. Nearly 370 miles of mountain streams in Virginia and West Virginia have been declared a critical habitat for the candy darter, a small, rainbow-colored fish that two years ago was listed as an endangered species.

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