WAUSEON — A Fulton County judge told a packed courtroom Tuesday he soon will decide if NEXUS Gas Transmission can access private property in that county to survey land that might become part of the company’s proposed 250-mile pipeline from northeast Ohio to southwestern Canada.
NEXUS plans to run the pipeline through eight Ohio counties and into southeast Michigan, where it will connect to a line that runs to Ontario. It has been taking holdout landowners to court in each of the respective counties, arguing that it is legally entitled to come on their property for surveying whether they like it or not.
Numerous homeowners along the pipeline route are incensed, claiming it is a violation of their Constitutional private property rights.
But under Ohio Revised Code 163.03, which took effect on Jan. 1, 1966, an agency may “enter upon any lands, waters, and premises for the purpose of making such surveys, soundings, drillings, appraisals, and examinations as are necessary” and “such entry shall not constitute a trespass,” according to Lawriter LLC.
At least 48 hours of advance notice is required, the law states.
NEXUS attorneys Daniel E. Gerken and Kara H. Herrnstein of Bricker & Eckler LLP in Columbus declined to be interviewed about the law.
But Terry Lodge of Toledo, the attorney representing several property owners in Fulton, Wood, and other area counties, said in a recent filing that ORC 163.03 is the foundation of NEXUS’ case.
Owners of all but 15 of 92 parcels in Fulton County have granted NEXUS permission, Mr. Gerken said in his opening statement to Judge James E. Barber during a hearing Tuesday afternoon on NEXUS’ request for an emergency temporary restraining order against property owners who won’t allow access.
About 65 area residents, many of them angry property owners, took up nearly every seat in the rural county courtroom.
“No testimony from landowners will change the legal standing NEXUS has to survey on their property,” Mr. Gerken told the judge.
Mr. Lodge told Judge Barber there was no emergency in Fulton County, other than NEXUS attempting to stay on its own timetable to maximize profits.
“It has caused a great deal of stress and anxiety,” Mr. Lodge said. “It’s a self-made emergency.”
Requests for temporary restraining orders have been granted in Sandusky, Lucas, and Columbiana counties, Mr. Gerken told Judge Barber.
Randy Walker, 56, and his wife, Renee Walker, 51, of Swanton are among those named in the Fulton County litigation. The Walkers said they are irate that a pipeline company could demand access to private property.
The Walkers have owned a farm for 29 years, raising corn, soybeans, and hay.
“It’s like we’re not living in America,” Mr. Walker said.
“It’s like we’re being violated,” his wife said.
The two were among about 40 protesters who converged on the Fulton County Courthouse steps Tuesday morning in anticipation of the hearing.
Gus Inks, 60, of Swanton said he believes it’s a violation of private property rights to let NEXUS on their land without permission.
“It’s our property. Why should we give in to them for what they want? So they can profit?” he asked.
Wayne Brewster, 72, and his wife, Paulette Brewster, 68, have farmed corn and beans on three sites for about 50 years.
“They’re going about it in a real bullying way,” Mr. Brewster said of the NEXUS strategy. “If you’re asked to say yes or no, you should be allowed to say no.”
Arthur Diestel, a NEXUS spokesman, said the company prefers to have landowners grant access to their property voluntarily.
Contact Tom Henry at: thenry@theblade.com, 419-724-6079, or via Twitter @ecowriterohio.
First Published July 15, 2015, 4:00 a.m.
