95% of Texas is privately owned. To build roads or move oil, water, electricity or natural gas, you have to negotiate with land owners. Negotiating fairly and respectfully is key. It can be done, with a cool head and an even cooler temperament. When fairness and respect fail, enter eminent domain. Is the RRC messing with Texas private property rights with their new rules? Grist says yes. You decide.
Posted ininfrastructure building, private property rights
Texas Tribune reports on this renewed legislative MMA fight. In one corner we have lovers of the Constitution along with their legions of attorneys. In the other corner, we have economic powerhouses along with their legal battalions. [Texas Tribune]
Posted ininfrastructure building, pipelines/common carriers, private property rights
Have the requirements set by the Texas Supreme Court in Denbury been met by the RRC rules? We’ll have to let the Courts tell us. The final word will be handed down by the Legislature which will determine how Texas Grows & respects private property rights. [DMN]<... Naturally, everyone should look to Texas when trying to solve problems. Aljazeera did while forecasting how Pennsylvania will handle pipeline common carrier use of eminent domain. In the last few years, the Texas Supreme Court has been rolling back the power of eminent domain in favor of stronger private property rights. The effects of the Tea Party are pervasive, and private property rights are de rigueur.
Posted ininfrastructure building, pipelines/common carriers, private property rights, railroad commission
The AgriLaw Center at Texas A&M has produced a checklist for those negotiating pipeline easements.[A&M Agriculture Law Blog] Houston Business Journal names land rights, a top legal issue in energy. Clash of the Titans: Private Property Rights v. Pipelines
Dallas Morning News: Proposed RRC Changes Revive Eminent Domain Debat
Aljazeera: Texas Supreme Court Rolling Back Eminent Domain Authority
Texas RRC Common Carrier Rule Making- Check Mate to the Legislature?
Looking for an Easement Negotiation Checklist?
Woody Guthrie got it Wrong- This Land is My Land, This land is definitely NOT your Land (if you’re a condemning entity)
Legislating land speculation is the legislative fight du jour. It’s a big battle over property rights in the Sooner State.
Top Headline: Texas Messes with Texas (on Eminent Domain)
RRC staff recommendations approved this week clarify when a pipeline may call itself a common carrier. It’s a response to the 2013 Legislature’s failed fix, which was publicly killed on a point of order.
This chess game began when a court called into question whether a pipeline was a common carrier. The court thereby restrained the pipeline’s use of eminent domain. It was a huge win for landowners.
When you need land to build pipeline…
Private property rights supporters love it. The business community, utilities, pipelines, and municipalities say it will handcuff the state’s ability to grow.[News OK]