Landowners Displeased by Being Labeled Willing Sellers

Landowners in the path of the Keystone XL pipeline, including those who have entered into easements, raise concerns about how landowners are labeled by condemning entities. The list of what not to say about landowners is:

  • Calling landowners “willing” misrepresents the facts 
  • Just because they entered into an easement doesn’t equal support for the project
  • Landowner fears of dangers related to pieplines increase over time 

Unhappy landowners publ…

Condemning Intangible Property

The Department of Transportation is condemning intangible property by amending it’s rules. Connecticut’s Department of Transportation is condemning bus routes used by private bus companies, because the state has a new bus plan to roll out. 

The private transportation companies have sued. The bus routes operate with a CCN from the Department of Transportation.

The first judge to hear this case said the Dept. of Transportation has proper authority to condemn this intangible p…

VT Governor Opposes Pipeline Use of Eminent Domain

In the perennial battle of how to simultaneously support landowners and economic prosperity, VT Governor supports a pipeline but goes to bat for landowners. The Governor asked the pipeline company to pause eminent domain legal proceedings and allow for negotiations.

Landowners want to be reimbursed for legal expenses they have incurred. The pipeline company initially said no, but now it says it is “definitely willing to consider reimbursement for legal expenses.”     adminPosted ineasement, pipelines/common carriers, private company, private property rights

HB 565: Revoking Eminent Domain Authority

In 2014, a private tollroad coporation proposed new toll roads in North Texas. Town halls were held. Fire Marshalls shut them down as too many people turned out against new toll roads. City  councils in the proposed toll areas passed resolutions opposing the plans to use eminent domain. 

Toll road opponents and private property rights supporters united.  

The 2015 Legislature will consider HB 565, which  will stop private toll authorities from exercising eminent domain. 

TX Rice Partners v. Denbury: A history lesson.

6 years of litigation and we might see the first jury trial. Here’s what happened:

  • Denbury wanted to build a pipeline.  It needed land. Landowners and Denbury were unable to come to an agreement. Eminent Domain proceedings ensued. 
  • Trial Court: Denbury is a common carrier with eminent domain authority.
  • Appellate Court: Yes, common carrier. Yes, eminent domain. 
  • TX Supreme Court: Not a common carrier. No eminent domain. Here’s what we say establish…

Eminent Domain makes Must Watch Energy Issue for 2015

Austin Business Journal lists eminent domain, especially in relation to pipelines, as a must watch legislative issue for 2015. 

Information Intelligence subscribers know that the hot legislative topicis broader. It’s any private company that has the power of eminent domain that triggers higher & hotter legislative scrutiny.

This includes private toll authorities, transmissions lines, and pipelines at a minimum.   adminPosted in2015 legislation, private company, private property rights

Eminent Domain to Acquire an NFL Team?

The Green Bay Packers are the only professional franchise to be municipally owned.

Municipal acquisition of sports franchises is not an entirely new concept, Oakland considered eminent domain when the Raiders attempted to leave.

According to Stanford economist, Roger Noll,  “whether eminent domain would work probably varies from state to state and from judge to judge.”

 Even the threat of eminent domain could have an impact on professional sport franchise ownership …