A North Dakota landowners’ case reaches the Supreme Court Monday, and the outcome could change how eminent domain fights work for property owners across the country, Florida included. The landowners won fair compensation from WBI Energy, a government-contracted pipeline company, but were left with nearly $380,000 in legal fees. North Dakota law says those costs are part of just compensation. The 8th Circuit Court of Appeals ruled the state law doesn’t apply when the federal government is a party.
The case turns on a question most homeowners rarely think about until it’s in front of them: when a company with federal authority takes your land and you have to fight for fair value, who pays for the fight? Attorneys for the landowners argue the law is clear that a winning owner shouldn’t be saddled with the bill. Pipeline companies counter that federal rules govern these deals, not state fee-shifting laws.
The ruling could decide how much leverage private companies with federal contracts have in all 50 states. Arguments are expected to touch on the Natural Gas Act. We’ll be following the case as it develops. Have you ever faced a property dispute over a right-of-way or utility project? Share your story in the comments.
