Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.

Missouri is grappling with the Grain Belt Express Clean Line, a transmission line to move wind energy. The majority of county governments and land owners have not approved the transmission line.

Right now the transmission line is tied up in the Missouri version of the PUC, and the drama is rising.

Ralls County has become engaged in the statewide regulatory approval of the transmission line. The county went so far as to make clear that it has never consented to the the trans…

Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?

In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land.

The pipelines say they need access to the land to comply with federal requirements. 

The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways:

  • West Virginia code is limited to  examining, surveying, and laying out lands for easement
  • Only a governmental body may enter and bring mac…

What not to Say at a Public Meeting in Houston: We Will Take The Property By Eminent Domain

Houston Metro plans to sell a closed park and ride to the Houston Housing Authority. HHA wants to build a 300 unit development. 

In a public meeting about the sale and development of the vacant park and ride, HHA said that if the property is sold in a private sale, HHA would use eminent doamin to acquire the property. Property owners reaction was predictability not thrilled, who prefer a private sale of the property. adminPosted inactivism, private property rights, special districts

Eminent Domain Averted at UNT

UNT and Sac and Save have reached an agreement to purchase the 91,000 building for $6.25 million. The agreement is pending approval from the board of regents. 

Eminent Domain was an available option for UNT. However,  because the property had other pending offers for purchase, and the desire to avoid eminent domain litigation; a purchase agreement was reached. The Denton County appraisal of the property was approximately $2.2 million. 

adminPosted inappraisals, legal trend, private property rights, university

Lege Trend Arrives in Texas: No Eminent Domain for Railroads

In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.

In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desir…

Lege Trend: Limiting Eminent Domain for Electric Transmission

Missouri wants to block emiennt domain authority for Missouri electric transmission companies that do not contribute electricty to the regulated electric grid for the use of Missouians. 

To receive eminent doamin authority, the electric transmission compnay would have to demonstrate a need or benefit to Missouri.  Land woner groups, agricultural groups, and cattle groups support the bill.

Add it to the laundry list of new eminent domain regulations that reign in eminent dom…

Attorney Fees When the Condemning Entity Over-Litigates

Say you’re a property owner having your property taken by eminent domain. You file suit to protect your property from eminent domain, and then the condemning entity files motion after motion as an exuberant party. You pay your attorney to reply to each motion.

What happens when attorney fees are due to an overzealous litigant that is a condemning entity?

The Florida Supreme Court will rule on when attorney fees can be awarded for fees related to an overzealous, litigating c…

Lege Trend: 11 States Want to Block Federal Use of Federal Lands & Federal Water Rights.

Nevada Assembly Bill 408 would require that the Federal Government get state permission to use land within the state’s borders. It would also remove state water rights from the feds. It’s a big deal in a state where more than 80% of the land is federal. The impact to Area 51 is unknown at this time. 

10 states are following Nevada’s lead.

Cliven Bundy made a name for himself in a stand off with the federal government over ranch lands in Nevada.  

adminPosted inland use, legal trend, water