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Landowner Rights The FERC requires MEP to provide a brief summary of your rights at the FERC and in proceedings under the eminent domain rules of your state. The following summaries should not be construed as legal advice, but only as summary descriptions for this limited purpose. Riqhts at the FERC The enclosed pamphlet "An Interstate Natural Gas Facility On My Land? What Do I Need To Know?" explains the FERC's approval process and yaur rights as an affected landowner. There are severai ways a landowner may become involved in the FERC review process. In addition to being able to view the application at area libraries or through the FERC's website, any landowner who rnay be affected by the pipeline project may request a copy of the application by contacting MEP. A landowner may become directly involved in the review process by submitting written comments to the FERC and/or intervening in MEP's docket at the FERC. A landowner may file comments with the FERC at any stage in the environmenfal review process. The FERC addresses landowner comments, both written and oral, in the environmental review documents or the final order, and wiil place commenters on a mailing list to receive environmentaf documents related to the application. A landowner who chooses to file as an intervenor becomes involved in the proceeding in a more formai manner. An intervenor receives copies of documents related to the case, has the opportunity to file briefs and appear at any hearings held in Washington, and appeal finai FERC rulings to the courts. An intervenor is required to serve copies of anything he or she files on a(I other parties, a process that is sometimes expensive and time-consuming. If you have more questions about your rights at the FERC, please refer to the enclosed pamphlet or contact the FERC. Eminent Domain - General Information A pipeline's rights to use eminent domain to acquire a right-of-way to construct and maintain a praject on a landawner's property is a statutory right granted by Congress in Section 7(h) ofi the Natural Gas Act. The power of eminent domain is conferred on a pipeline in cases where the FERC finds the proposed project to be required by the public convenience and necessity. Then, if the pipeline company cannot otherwise reach a negotiated agreement with the property owner, it may exercise the right of eminent domain. This involves condemnation proceedings where a court decides the appropriafe compensation fo be paid by the pipeline to the landowner for the easement. It is MEP's policy to negotiate with landowners in good faith, in a fair and honest manner, to reach a mutually agreeable resolution of issues necessary to the acquisition of a right- of-way in which to cons#ruct and focate the project, thereby avoiding use of #he eminent domain statutes. Should such a proceeding become necessary, however, campensation for property obfained by eminent domain is determined by fhe laws of the state in which the condemnation proceeding takes ptace. Eminent Domain Law in Louisiana Eminent Domain in Louisiana, ar "expropriation," is governed by Title 19 of the Louisiana Revised Statutes. Before an expropriation suit may be filed, the party seeking the property or rights from the landowner (the "condemnor") must conduct good faith, bona fide negotiations with the landowner. This means that before an expropriation suit can be filed, the parties must attempt to agree on the compensation to be paid for fhe property or rights the condemnar wishes to acquire. Those parties entitled to file condemnation proceedings in Louisiana are listed in Title 19, Section 2 of the Louisiana Revised Sfatutes, and inc[ude natural gas pipelines. If the parties cannot agree on compensation, expropriation proceedings are initiated when the condemnor files a petition in the district court of the Parish in which the properfy or rights are situated. Thereafter, the trial court fixes the fime of the #rial within sixty days from the filing of the -5- . UU0261