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South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines.
Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.
The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…
After a San Francisco trial court determined that an offer for land was reasonable, the First District Court of Appeal said not so fast, trial court judge and here’s why:
The Texas Central Railway survived the – no eminent doamin for you- chopping block. An attempt had been made in House Bill 1 to remove the railway’s ability to qualify for eminent domain. Ft. Worth Star Telegram
The President of the Texas and Southwestern Cattle Raisers Association explains 5 reasons they oppose the Railway:
On the 10th anniversary of the 2005 U.S. Supreme Court decision Kelo, there’s a new focus on how the transfer of land harms the poor.
The Washington Post, Volokh Conspiracy, features a heavily edited quote from the NAACP, post-Kelo:
“As Hilary Shelton of the NAACP put it in testimony before the Senate Judiciary Committee, “allowing municipalities to pursue eminent domain for private economic development [has] … a disparate impact on African Americans and other minorities……
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A growing sentiment in the Texas House is the Senate Liberty Caucus support of special purpose district bills that grant these districts the power of eminent domain. These districts can also levy taxes and assess fees.
An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee. Further, the only benefit is to the private company building the pipeline.
Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity.
If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.
This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.
Over the last year, court rulings have impacted pipelines and transmission lines.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. 10 years after the epic eminent doamin case, we get…the book. Polls show 80… As a reminder that it’s really just your bad local governments that use eminent domain, the Department of Justice has put up a series of delightful photos detailing the history of eminent domain use by the federal government. The History lesson:Post-Session Reading List: the Kelo Book is Finally Here! Check it Off Your Christmas List.
History of Eminent Domain from the US Department of Justice