Category Archives: easement

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…

How the Palmetto State Frames No Eminent Domain for Private Gain

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

  • “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
  • “the pipeline companies can still negotiate with landowners”
  • “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
  • “We are talking about private,…

2 Show Me State Bills Restrict Utility Use of Eminent Domain.

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

  • restrict utility easements
  • limit eminent domain
  • require new projects to use existing easements
  • run any new routes along property boundary lines
  • requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

City in Rust Belt Votes Down Pipeline. 2 Takeaways.

The city:  Bowling Green, Ohio

The city council vote:  7 to 0 to deny right of way access for a pipeline in the city

The takeaways:

  • Offering to follow existing easements isn’t enough to get around a growing sentiment of no eminent domain for private gain
  • The pipeline may now exercise eminent domain against the city

The Toledo Blade | Bowling Green council votes down pipeline plan

 

State Lege Kills Transmission Line Eminent Domain. Congress Acts to Remove Funding. 3 Key arguments. Know the other side like you know yourself.

What transmission line is this state & federal legislative re-write concerning? The  Plains and Eastern Clean Line high-voltage transmission, a clean energy line traversing Arkansas, Missouri & other central states 

What caused the hoopla? Missouri & Arkansas chimed in when the transmission line sought eminent domain but wasn’t providing power within each state.

What are the arguments bandied about?

  • Tangible public use. Congressman Cotton is ok with eminent domain, if the…

3 Property Owner Points. Waller County. High Speed Rail. Pre condemnation Access.

Will eminent domain be used by Texas Centeral Rail to build its Dallas-Houston high speed rail?  Only if deals cannot be reached

How did property owners in Waller County react?

  • Waller County Judge Trey Duhon: “This is a huge eminent domain issue. Texas is a huge private property right state.” 
  • A property owner turned away a precondemnation surveyor on his property & mentions their have target practice on their property
  • Reports are that deals will never come.

High Speed Rail is…

Legal Trend. 3 Markers to Support Eminent Domain from the East.

State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania

What 3 considerations did the judge list in approving eminent domain to move forward?

  • Declaration of Taking complies with state law
  • Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
  • Pipeline is financially stable to pay for any potential damages

Daily Item | Judge upholds eminent domain for PPL

TREND: New Eminent Domain Target. High Pressure Gas Lines. 3 Points Informed Intel.

What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?

What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines

What specific reforms happened in NH’s HB 1660? 

  • eminent domain will now trigger a land use change tax in NH
  • for high pressure gas lines, an entire piece of property must be acquired by eminent domain
  • requires a…