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 143-mile Trans-Pecos pipeline will take West Texas gas to Mexico. To get there, it has to build a pipeline through lands owned by Texans. Say you’re a ranch owner, and you’re asked for a 50 foot easement for a pipeline that won’t deliver its goods to the U.S. Did the Constitution contemplate a public use outside the U.S.? A land owner quote from a meeting in Alpine, TX:
Posted ineasement, pipelines/common carriers, private property rights, public use or benefit
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… A Wichita Falls jury validated property owners’ right to collect reasonable damages when electric power lines lower the value of their land. It boils down to a question of the value of the remainder of the land after every one agrees eminent domain is proper. The electric provider offered the landowner $140,000 for an easement 1.7 miles long, that bisects the landowner’s property. The jury sided with the landowner appraiser who said the value is $393,165. Flower Mound would like to acquire land to join two “business” thoroughfares. The land owner objected to eminent domain to join businesses & wants to negotiate an easement. Controversy stirred and generated 400 Facebook & public comments over a weekend, such as: “This is a battle about the heart of Flower Mound.” City Council pulled the agenda item. The City says it followed the letter of the law and has been negotiating with the land owner.
Posted ineasement, private property rights, roads
In an effort to keep utilities off private lands for surveying, bills in Virginia look to reign in the ability to survey within eminent domain powers. Democrats are lining up to defend the utilities right to access private lands. Republicans are lining up on the other side. Republicans also want utilities with eminent domain authority subject to open records. Watchdog.org Information Intelligen… 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: Unhappy landowners publ… 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.”
Posted ineasement, pipelines/common carriers, private company, private property rights
This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights. Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [
Posted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission
The AgriLaw Center at Texas A&M has produced a checklist for those negotiating pipeline easements.[A&M Agriculture Law Blog]Pipeline to Mexico Through Texas Land. Is there a public use?
Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.
Property Value Decrease from Transmission Lines? Jury Says YES!
Social Media Brings Down Eminent Domain in TX Town.
Bills Target Utilities.
Landowners Displeased by Being Labeled Willing Sellers
VT Governor Opposes Pipeline Use of Eminent Domain
Eminent Domain Fight Round 2 at the Texas Legislature
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