‘This pipeline’s wrong’: OKC metro property owners fight pipeline replacement project

OKLAHOMA CITY ( KFOR ) – Several Oklahoma City property owners are hoping legal intervention will stop an oil company’s plan to build a replacement pipeline through their backyards.

Property owners along the Phillips 66 replacement project route received a letter last year, informing them of the project, and shared contact information for any questions or comments.

The plan aims to relocate sections of an existing pipeline that runs 37 miles from the company’s Ponca City Refinery through the Oklahoma City metro.

Phillips 66 told owners at the time the project, it would ensure a public good, by allowing safe and reliable transport of fuels. According to a website set up for the project, the route was chosen, in part, because it runs through a less densely populated area.

“There’s not one farmer out here or anybody out here that wants this pipeline to go through because it’s disrupting our lives,” said Oklahoma City farmer, Don Eckroat.

Eckroat said the replacement pipeline route runs through property that has been in his family for decades. He said he primarily grows about 80 to 90 acres of Bermuda grass and that his land is perfect for it. His family also has a home on the property he hopes to pass on to future generations.

“It’s just a wonderful place to live,” said Eckroat.

Typical of projects like the Phillips 66 pipeline, Eckroat said he was offered compensation in exchange for use of the property to build the replacement line, but he says he refused the deal.

“There’s no right way to do something wrong, and this pipeline’s wrong,” said Eckroat. “What happens if there’s a leak here and it leaks into the aquifer and we can’t run that irrigation system behind you over there anymore? What happens if it should blow up?”

Eckroat said he can’t settle for the ‘what ifs,’ aiming to stop the pipeline from running through the portion of his property mapped out.

He’s not alone, made up of more than a dozen property owners that Phillips 66 has taken legal action against.

“I know they’ve got to go and follow a line that would work for them but I just would think that they would work with us,” said Oklahoma City property owner, Gary Spencer.

Spencer said the route runs through land he was planning on giving to his sons to build homes. The route disrupts the portion of his property he believes holds the most value.

“The courts are going to have to settle it now,” said Spencer.

In court filings, Phillips 66 argues its protected under an Oklahoma Statute that gives it eminent domain to take the property, after payment is offered to landowners, as a public necessity.

“Eminent domain was a concept that was brought by our founding fathers from Europe,” said Shawnee attorney, Nick Atwood. “In Europe, the king could take your property without any payment.”

Atwood says Phillips 66 is one of a limited list of entities Oklahoma offers the power to use it, citing other notable entities like the Oklahoma Department of Transportation and the Oklahoma Turnpike Authority.

“The landowner has the burden to show that the taking is improper or not authorized by statute,” said Atwood.

Atwood is representing Eckroat and said there are some limitations to eminent domain law, but no landowner has a 100% guarantee of convincing a judge or jury to side with them if the issue goes to trial.

Atwood says one argument Eckroat has been pointing out is that Phillips 66 already has an existing line that runs through the metro, questioning why the company can’t work with what they already have.

“It’s not a new pipeline project,” said Atwood. “It’s replacing a previous existing line.”

News 4 reached out to Phillips 66 for comment and received the following statement from a corporate spokesperson:

Phillips 66 is committed to safe, reliable operations and the safety of its community. This has guided our efforts on this pipeline replacement project, including ensuring legal compliance with all regulations to gain access to this pipeline’s construction sites. We have also been in frequent contact with all affected landowners for full transparency as this project progresses. To learn more about this project and how it will help ensure the continued safe transport of fuels to markets, we encourage community members to visit phillips66pipelineproject.com .

Phillips 66 company spokesperson

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