Simmons Comments on ‘Quick-Take’ Seizures by Pipeline Companies

Partner Jeffrey Simmons was quoted in a Law360 article, “Land Grab: Property Owners Fight Back Against Pipeline IOUs,” about whether the U.S. Supreme Court is likely to hold that so-called quick-take seizures by pipeline companies are unlawful.

Simmons, who has represented pipeline companies in condemnation cases, said a consensus has formed that making pipelines wait could become a nightmare. “The problem with [a Seventh Circuit decision holding that a pipeline company lacks the authority to build anything before payment is agreed upon] as a practical matter is that, if they can’t take it right away, it can delay the project for years,” he said. “And from the courts’ view, there’s very little question that they’ll get the property eventually.”

He also said there’s nothing “inherently unfair” about letting construction proceed quickly and allowing the parties to work out the price later.