Property Owner Fights Solo Battle for 2 Years
Against Eminent Domain by Chesapeake Energy;
Company Defends Use of Eminent Domain, But
Is a ‘Happy Ending’ in the Works?
Fighting eminent domain - especially against energy companies - is an act of heroism.
Property owners like Steve Doeung are heroic and inspirational.
Doeung and his fellow residents on Carter Avenue in Fort Worth, Texas, have been staring down the barrel of a 16-inch-diameter gas pipeline that Chesapeake Energy planned on ramming under their front yards with the power of eminent domain.
The company defends its eminent domain action and says it “fully investigated 12 different routes in its effort to connect” two urban gas wells with a pipeline. “At the time, the Carter Avenue route was the least impactful,” the company told this blog.
Never mind the fact that there is an established easement near I-30 that could be used with less “taking” of private property that comes with eminent domain. That alternative route is now being actively pursued, according to the company.
Residents learned about the pipeline project in the spring of 2008. By August of 2008, the company moved to condemn Steve Doeung’s property. He has been fighting almost single handedly ever since.
Family Fled ‘Killing Fields’
Doeung’s story is classic American. His family fled Cambodia to escape the genocidal terror campaign launched by the Khmer Rouge. The Khmer Rouge was the totalitarian ruling party in that country from 1975 to 1979.
According to various reports, they were responsible for the deaths of between 850,000 to 2.5 million Cambodians in just four years. “The Killing Fields” is a phrase that refers to this reign of terror; and a British film of that name was released in 1984.
Against this horrific background, Steve’s family came to this country when Steve was 10-years old, and settled in Fort Worth, Texas.
Fort Worth: Where Property Rustling is In
In the spring of 2009, I was contacted by Steve via this website. His greeting was what I came to understand as classic Steve: “Howdy from Fort Worth, Texas (formerly ‘where the West begins’ but now ‘where property rustling is in’) ….”
His advice back then stands today: Take action; do not depend on the kindness of strangers from the gas companies or the government. Or La-Gas-anostra, he quips.
As Steve says, “Unfortunately, most people are just like me when this project started - not taking the time to be knowledgeable and take action, until it comes right up to your front door. Instead of being proactive early, I ended up on defense. The alternative is to surrender, like many of my neighbors.”
Ironically, part of Steve’s motivation is seven words from the Declaration of Independence: “… Life, Liberty and the pursuit of Happiness.”
It may sound hokey, but Steve is eloquent about his motivation: “As a grateful, first-generation immigrant and naturalized American citizen, I value and take seriously these words and the principles they represent.”
He acknowledges that, “I am not inclined to be an activist per se, but not doing my best to protect my family and neighbors - near and far - is not an option.”
Solo Fight
With all the corporate and political forces arrayed against him, Steve’s fight was the subject of a fascinating profile in Fort Worth Weekly, by Jeff Prince. Here is a pdf file of the article: he-wont-pipe-down-fort-worth-weekly
In his detailed article, Prince explains how the practice of eminent domain has been corrupted by power:
“Energy companies years ago determined that their pipeline subsidiaries could claim the right of eminent domain, as utilities or ‘common carriers.’ They can force owners to sell easements on private property, even if other easements owned by other companies are available nearby. The practice has drawn vehement criticism from property owners, rural and urban, across the state, and critics say the companies abuse their eminent domain powers to take more land than is often necessary.”
Single handedly, Steve Doeung has accomplished the incredible. He has held off Chesapeake Energy for two years, generated news coverage that made the public aware of what was happening on Carter Avenue at the hands of Chesapeake Energy, and even gathered some political support — in a gas company town, yet!
Texas State Senator Wendy Davis
Texas State Senator Wendy Davis told this blog: ”… even though the state Department of Transportation and the pipeline company (Mid-Stream) and drilling company (Chesapeake) have reached agreement on an alternative route for the pipeline, Chesapeake continues to press forward in its eminent domain proceedings against Mr. Doeung. I think this is unconscionable and I have indicated my feelings about this to Chesapeake. It is beyond comprehension to me why, at the very least, Chesapeake would not at least be willing to ‘stand down’ and delay hearings on eminent domain while the agreement with TXDoT [Texas Department of Transportation] is fine tuned and moves forward.”
Chesapeake Now Pursues Alternative Route
That may, in fact, be what is happening now. According to Brian Murnahan, Communications Manager for Chesapeake Energy Corporation, the Texas Department of Transportation approved the company’s recent proposal to install a portion of the pipeline along the alternative I-30 route.
As Murnahan told this blog, “It looks very positive that the whole street [Carter Avenue] will be avoided.”
But Chesapeake’s Communications Manager notes [emphasis added], “While we are delighted that the I-30 route is now possible, it still does not eliminate all private property crossings. The advantage of this route is that it can use public right-of-way for much of the route and fewer private properties.”
The company “is optimistic that pipeline construction along the new alignment could begin as early as this fall and the proposed route along Carter Avenue would be rendered moot,” Murnahan stated.
As baseball legend Yogi Berra said, “It ain’t over ‘til it’s over.” But reducing the impact of eminent domain on private property is a step in the right direction; and certainly qualifies as being in the public good.
Steve Doeung at court house in Forth Worth.