OIL PIPELINE BACKERS WIN 1, LOSE 1 IN COURT.Byline: Rick Orlov Daily News Staff Writer The state Supreme Court on Friday ruled 7-0 in upholding the state Public Utilities Commission approval of the Pacific Pipeline project. But backers of the pipeline lost a preliminary round Thursday in their efforts to acquire right-of-way by eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in for the 132-mile oil pipeline through the city of Los Angeles
The high court ruling Friday ends the city's environmental challenge of the pipeline, which would course through the east San Fernando Valley San Fernando Valley Valley, southern California, U.S. Northwest of central Los Angeles, the valley is bounded by the San Gabriel, Santa Susana, and Santa Monica mountains and the Simi Hills. on its way from Kern Kern, river, 155 mi (249 km) long, rising in the S Sierra Nevada Mts., E Calif., and flowing south, then southwest to a reservoir in the extreme southern part of the San Joaquin valley. The river has Isabella Dam as its chief facility. County to Wilmington. But still in question is whether Pacific Pipeline has the authority to overcome city opposition to the project by condemning con·demn tr.v. con·demned, con·demn·ing, con·demns 1. To express strong disapproval of: condemned the needless waste of food. 2. land for the right-of-way under eminent domain powers available to public utilities. ``It is crystal clear from the Supreme Court's decision that the four-year multimillion-dollar environmental review process conducted by the PUC (Public Utility Commission) A regulatory body in every state in the U.S. that governs public utilities within its jurisdiction such as electricity, gas, oil, sewer, water, transportation and telephone service. Some states call it the Public Service Commission (PSC). exceeds all requirements necessary for construction of the pipeline,'' said Jim Shamas, Pacific Pipeline vice president. On Thursday, however, a state Superior Court judge barred the company from using the power of eminent domain to acquire 26 miles of property through the San Fernando Valley and Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. to build the pipeline. Pacific Pipeline officials claimed that the Supreme Court victory over the environmental challenge paves the way for them to acquire the land. ``This decision should clear the way for a quick decision on the eminent domain claim by Pacific Pipeline and allow construction to begin in Los Angeles in early February,'' Shamas said. But city officials said a Superior Court trial on the issue, tentatively set for January, will forestall fore·stall tr.v. fore·stalled, fore·stall·ing, fore·stalls 1. To delay, hinder, or prevent by taking precautionary measures beforehand. See Synonyms at prevent. 2. any action. ``The decision is a very important step in coming to the best resolution of this issue,'' said City Councilman Richard Alarcon, who is leading the opposition to the pipeline. ``This ensures that the legal standing of the project will be scrutinized in a more thorough matter.'' Alarcon said the Superior Court ruling rejected Pacific Pipeline's arguments that it had the power to proceed because of the PUC ruling. He said the court ruled that a trial must be held to determine whether Pacific Pipeline has the power to build the underground system. Last month, the City Council rejected the company's request for a franchise permit to build the 26 miles of the pipeline that would pass through the city. The company has argued that it does not need city approval since it has approval from the PUC. |
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