Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis
Two bills have been filed in the Tennessee General Assembly in response to the Byhalia Connection pipeline project on water protection and eminent domain.
Both bills were filed by state Sen. Raumesh Akbari (D-Memphis). One, she said, will protect the health of the Memphis Sand Aquifer. The bill will “empower local leaders to conserve the underground water supply by requiring more comprehensive environmental studies prior to approving large utility projects. It would also enhance monitoring for the health of the aquifer and water usage,” Akbari said.
As it is written now, the bill would require a report to government leaders from a person who withdraws 10,000 or more gallons of water per day in an emergency situation.
“No matter where you live, we want our families to have clean drinking water and, right now, Memphis has one of the best public water supplies in the nation thanks to the Memphis Sand Aquifer,” Akbari said in a statement. “But even though this is one of the most valuable natural resources on the planet, there are almost no ironclad protections that ensure that the aquifer will be healthy for generations to come.”
Akbari filed another bill that would “reform the eminent domain laws that private corporations sometimes utilize to acquire private property.”
Center for Applied Earth Science and Engineering Research (CAESER), University of Memphis
As that bill now reads, it would require “property taken by eminent domain be valued at 130 percent of the fair market value and require compensation for depreciation of property on which an easement is taken by eminent domain.”
“Homeowners don’t have the resources to fight a court battle with a giant company so the law should give small property owners stronger legal footing to protect their investments,” Akbari said.
Akbari said she will also urge the Biden Adminstration to reform the U.S. Army Corps of Engineers’ permit process used by Byhalia Connection for the pipeline. A statement from Tennessee Senate Democrats Friday said while the company followed all laws and got the right permits, ”some families still think the process has unfolded too fast and that an unforeseen event could cause crude oil to seep into the aquifer and taint Memphis’ supply of fresh drinking water.”
