Welcome to the Future!
What case is this? Bragg v. Edwards Aquifer
What ‘s the eminent domain compensation issue they’re in a legal cage fight about? The courts have agreed that a denial of groundwater pumping by Edwards Aquifer amounted to a taking of a pecan farmer’s private property
What does it mean for 2017 Legslative action? Adequate and just compensation for th etaking of private land is a perenial issue. And there’s lots bubbling around for 2017:
Let’s look at numbers from an eminent domain case involving Conroe ISD:
Conroe ISD seeks to obtain 46 acres from a group of land owners and here’s the numbers that have been bandied:
What’s happening to this eminent domain case now? Neither party was satisfied with the $10 million number and both parties have appealed to district court. Oral hearing is scheduled for October 16th.
Where is this eminent domain case in the courts? A federal district judge and Federal Energy Regulatory Agency granted a pipeline in Pennsylvania the ability to clear trees in anticipation of a pipeline while the matter continues in federal court.
How did the state police stop the pre-condemnation access? The federal judge’s order did not authorize the state police to arrest protesters who appeared to stop the loggers.
What is the issue the land owners are fighting? Landowners operate…
The compensation issue that property rights advocates want the U.S. Supreme Court to decide this spring- if a portion of land is taken, is the compensation considered only on that single piece of property or are adjacent lands considered?
Law 360 | High Court Eminent Domain Case May Offer States Clarity
What state regulators refused eminent domain powers for a pipeline? Georgia
Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.
What happened after the denial of eminent domain by state regulators? 4 things.
Pennsylvania House Bill 1411 has been signed into law. It will:
Estimated legal Fees for the City of Culpeper: $1 Million
The Appraisals for the land being seized by eminent domain:
Amount of the Bond the city had to place in escrow: $466,467
The value of a deed of trust held by a Maryland bank on the $466,467 escrow account: $1.6 million
Offer for land in fair market value transaction: $16.1 million
Fredericksburg Free Lance Star | Culpeper landowner battling town…
Remember the idea of providing royalties to landowners from pipelines or toll roads? New hampshire has a new spin on this concept.
If a pipeline traverses and the product is sold elsewhere, then levey a 12.5% fee on the sale. Where does the 12.5% go? The fee is to be additional compensation for landowners who had property seized for right-of-way for pipeline construction.
Why does this matter in Texas? Bonjour Pecos Pipeline that is moving product from Texas to Mexico. There is a group…
Where’s this trend emerging? The Granite State. Home to hopeful Presidential foot traffic.
Why the penalty for developers? To counter land being taken for economic development, a legisltive propsal in new Hampshire requires developers to compensate landowners at a rate of 300% of the value of the taken land
Where is this trend emerging? New Hampshire. The Granite State. Home to Presidential hopeful foot traffic.
What is this anti-easement idea all about? If a pipeline seeks an easement, the land owner can require that the entire piece of land be purchased.
What’s the rational behind this ideaof requiring all the land be bought and not just a right of way? Landowners believe that pipelines negatively impact the value of their property. If the landowners no longer want to live on the…