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Information Intelligence has written about the pending TX Supreme Court case about a pipeline that owes a landowner a hefty judgment and hasn’t paid it. The case is gaining attention and momentum. TPPF weighs in on the case of the non-paying pipeline:
This week TPPF released a private property rights paper about a pipeline company facing a judgment in excess of $1.6M against it. The judgment is unpaid and no bond is posted for appeal. It has ruffled feathers.
In the paper, TPPF reminds us transmission lines are no different that pipelines in that they both are private companies that have the power of eminent domain.
TPPF stresses 2 major points:
Compensation of land owners is a common refrain in eminent domain debate. When property is taken by private companies, such as pipelines, the debate grows more intense.
Massachusettes is considering a 12.5 percent royalty on any oil and gas transported in a pipeline through Massachusettes and ultimately sold to a foreign country. The royalty would be split amond land owners and is in addition to any compensation from taking of land through eminent domain.
Posted incompensation, legislation trend, pipelines/common carriers, private company
The City of Denton passed a proposition to ban fracking. It’s led to lawsuits to stop the implementation of the ban. New lawsuits may emerge from mineral rights owners. Mineral Rights owners could assert that the fracking ban ordinance unfairly restricts their ability to use their property. In short, that the city used a form of eminent domain to take their property and didn’t compensate the mineral rights owners for taking away their ability to extract the minerals.
Posted ininverse condemnation, land use, legal trend, legislation trend, pipelines/common carriers
3 craft brewers are suing Texas Alcoholic Beverage Commission over a 2013 law that prohibits the brewers from distributing their product. The craft brewers liken the prohibition from retaining distribution abilities to TABC exercising eminent domain. The analogy is that the law gives distributors property, that isn’t theirs and that they didn’t earn without compensating the the owner of the property, the craft brewers. The Institute for Justice is representing the craft… The South San Joaquin Irrigation District was granted approval to enter the retail electric market. South San Joaquin has its eyes on acquiring PG&E’s transmission lines, transformers and poles. South San Joaquin co-owns hydroelectric damns. It’s not new to electric world. PG&E wants $600 million for its infrastructure. South San Joaquin wants to pay $125 million. The two sides are far apart in compensation. Since South San Joaquin has the authority to use eminent… “We will do whatever it takes to make sure landowners are treated fairly when an entity uses the power of eminent domain to claim land for public use.” – Robert McKnight, Second Vice President, Texas and Southwestern Cattle Raisers Association Cattleraisers made hundreds of calls last session opposing Tryon Lewis’ common carrier bill, HB 2748. [
Posted in2013 legislation, 2015 legislation, activism, fairness, private property rights
Protesting eminent domain & protesting pipelines has become de rigueur. But, what is the cost impact? WallStreet Journal examines the slowed development of Keystone XL pipeline and 10 other pipeline projects. The total economic cost of these projects is more than $20 billion. [WSJ] Private property rights proponents say the RRC common carrier rules do not go far enough to protect private proeprty rights. 10 years ago, maybe this wouldn’t be a big deal. But, there’s an oil and gas boom in a state that has 97% of its land privately owned. If a private company wants to build a pipeline to move the oil and gas; it’s going to have to deal with private landowners. Property rights proponents say the common carrier rules are: Landowners are on a winning streak with private property rights arguments in Texas courts. Most wins occur when a private company, like a pipeline, uses eminent domain. The murky territory of private companies acting like public entities. On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court sent common carrier standards back to the a…Denton Fracking Ban Leads to Eminent Domain Claims by Mineral Rights Owners
Craft Brewers Claim Distributor System Is Like Eminent Domain with No Public Benefit
Water District To Seize Electric Transmission Lines
Cattleraisers Support Fairness for Landowners
Cost of Eminent Domain Protests
3 Reasons Private Property Rights Proponent Dislike the RRC Common Carrier Rules
RRC Common Carrier Rules Could Benefit a Landowner Lawsuit