Landowning Ohio charities fight utility's grabfest

By DAVID ANDERSON
SPECIAL TO THE VINDICATOR
An out-of-state utility company claims three Mansfield, Ohio, nonprofits must make way for a right-of-way. West Virginia-based Columbia Gas Transmission Corporation (CGT) wants to clear-cut a 50-foot-wide swath along the entire length of a three-inch natural gas feeder line through woodland owned by the North Central Land Conservancy, Mohican School Out-of-Doors, and the First Congregational Church of Mansfield.
The three charities say pipeline operators maintained a 15-foot-wide corridor that gave easy access for inspection, maintenance, and operation for more than 50 years. But CGT insists that federal law allows it to take and clear a width of 50 feet along the pipeline route regardless of past practices. CGT hauled the three charities into U.S. District Court when they complained about property damage from company tree cutting crews and protested the company's right-of-way expansion.
Right-of-way
CGT sued the three defendants for obstructing its ability to meet federal safety regulations. The company insists that full compliance with the Natural Gas Pipeline Safety Act and the Natural Gas Act allows it to lawfully take and clear a 50-foot-wide right-of-way. CGT says it seeks compensatory damages for breach of contract and compensatory and punitive damages for trespass into its right-of-way.
The three charities decided to fight back. Their legal team filed a counterclaim against CGT noting that federal law doesn't require a 50-foot wide clearance zone above three-inch gas feeder lines and that the company's historic use of a 15-foot-wide corridor allows for inspections and the right to repair and replace pipe as needed.
Hemlock Falls serves as the backdrop for the upcoming legal battle; the disputed right-of-way runs into its watershed. The three charities signed interlocking agreements to protect the 100-foot waterfall, considered a botanic, historic, and scenic treasure. They say that clearing a 50-foot-wide swath through the woods above the falls will lead to increased soil erosion, introduce more invasive plants, and reduce wild animal habitat. Above all else, the charities contend the trees along the current 15-foot-wide pipeline inspection zone do not and never have damaged the quarter-inch-thick steel pipeline buried at least three feet underground.
The willingness of three nonprofits to fight for their property rights against a major utility company signals a new attitude about protecting natural areas in the Buckeye State.
David Anderson, a former public radio news producer and reporter in Columbus, writes for MinutemanMedia.org.