Parish pipeline ordinance on chopping block

A controversial ordinance that mandates public hearings for pipeline companies crossing Acadia Parish and fines those companies if such hearings are delayed may be on its way out.
After nearly an hour of sometimes confrontational discussion Tuesday night, the Acadia Parish Police Jury voted 5-1 to authorize its legal counsel to look into the procedure to rescind Ordinance No. 1067.
Only A.J. “Fatty” Broussard, who first brought the ordinance to the jury — where it was adopted unanimously — voted against rescinding it.
Voting to begin the process of rescinding the ordinance were A.J. “Jay” Credeur, Dale Trahan, Alton “Al” Stevenson, Jimmie Pellerin and Robert Guidry. David Savoy was not present.
At issue was a survey being conducted by Energy Transfer Partners, a joint partnership that plans to construct about 19 miles of pipeline across the parish to transport crude oil from Lake Charles to St. James.
Broussard said one of the main purposes of the ordinance was to protect landowners from possible expropriation of property by oil companies.
Energy Transfer, represented by attorney Michael Donald and Kevin Taliaferro, senior manager of the rights-of-way department, contends that it entered the parish on Oct. 5 only to survey a possible route for the pipeline, not to enter into negotiations for rights of way, therefore, it is not in violation of the ordinance and, thus, not subject to a $10,000 per day fine.
“We’re still in the survey phase,” said Taliaferro. “We’re trying to figure out the best route. We haven’t tried to obtain any servitudes from anyone.”
Donald argued first that the company had no knowledge of the ordinance when it began its survey of the parish. He then pointed out that Louisiana law has not granted the police jury the authority over expropriation of property and that the parish ordinance is preempted by state law.
“Louisiana law has a comprehensive and pervasive statutory framework for expropriation,” Donald said. “That framework is meant to create a uniform process for expropriation throughout the state.”
He went on to say that, of the 19 miles of pipeline Energy transfer hopes to construct, all “but about two miles” is within pre-existing servitudes.
“The proposed route is just that — proposed,” Donald said
He added that the company will “listen to every concern and address anything we can, but at the end of the day, there is going to be a route.”
And if that route is not 100 percent agreeable with everyone concerned, “We will meet with landowners and hear arguments,” he said. “But if, for whatever reason, it is decided that this is the route we need to take, Louisiana state law has provided us a means to do so.
“And it has provided the landowner a means to protest in the courts,” he continued. “And in that case, an elected judge with the authority to make that decision will decide.”
Ted Carmichael, Crowley businessman and property owner, said he opposed the ordinance because he feels it is unconstitutional on both the state and federal levels.
He said the parish ordinance limits freedom of speech, violates interstate commerce and infringes on the right of a landowner to negotiate for his own property.
In making the motion to begin the process of rescinding the ordinance, Credeur said “we cannot create laws that supersede state and federal law.”
An earlier motion by Broussard to enforce the ordinance and fine Energy Transfer Partners $210,000 died for lack of a second.