A bill currently before the Georgia General Assembly, Senate Bill 173, is an attempt by Colonial Pipeline Company to eliminate private property rights protections and make it easier for petroleum pipeline companies to condemn private property in Georgia.

SB 173 has been passed by the Georgia Senate and is now before the House of Representatives. Under current law, petroleum pipeline companies do not have an automatic right of eminent domain but must earn that power by showing a need for the new pipeline and that the pipeline route is environmentally appropriate.

SB 173 abolishes those requirements for any land needed by a petroleum pipeline company within 75 feet on either side of an existing pipeline right of way and in certain circumstances, within one mile on either side.

If passed, SB 173 will allow outright condemnation by petroleum pipeline companies of approximately 1.3 million acres. Colonial has used the excuse that it has an emergency need to build a new pipeline from the Alabama line through metro Atlanta to supply more petroleum products. The argument is that the current property rights protections stand in the way of that emergency need. However, this argument fails because, under the present law, the total time necessary for government review of a proposed pipeline is a maximum of seven months. Neither Colonial nor any other petroleum pipeline company has ever attempted to use the current laws, which balance the property rights of citizens against the need of pipeline companies to get fuel into and beyond Georgia.

Indeed, Colonial could have already gained approval for a new petroleum pipeline if the pipeline is really needed and is environmentally acceptable. Rather, it is spending considerable time and money in its efforts to eliminate property rights of Georgia citizens.

No one is opposed to increased fuel supply, but this must not be accomplished at the expense of the due process and private property rights of citizens of this state.

> Ed Hallman is an Atlanta attorney representing private property owners within a mile of pipeline right of way.