Bills Target Utilities.

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…

Eminent Domain is Needed. How to Stop Land Speculation in Eminent Domain.

A list of why eminent domain is necessary is not something that occurs with frequency. A law professor lists reasons why eminent domain is necessary in Detroit:

  • Eminent Domain worked in the past to build factories that still function
    • Look at the  GM Hamtramck Assembly Plant and the Chrysler Jefferson Avenue North Assembly Plant
    • Detroit has collected hundreds of millions of dollars of property and income tax revenue from the plants and their workers

Legal Trend Meets LegislativeTrend: Land Owners Challenge Constitutionality. Later Challenge Eminent Domain.

Providing great material for 2015 bills in Texas, The Nebraska Supreme Court, making reference to Denbury, issued an opinion on the constitutionality of a pipeline certification.  Read More: Information Intelligence 

The Court said we don’t like it, but that pesky super majority threshold to declare the statute unconstitutional isn’t …

Legal Trend: NE SCT Clears Way for Pipeline. Mentions Landowners Success in Denbury.

The landowners trying to stop Keystone XL in Nebraska were dealt a blow in the Friday, January 9th, ruling of the Nebraska Supreme Court. Landowners won a majority of the Court, but not  super majority. Highlights:

  • Pg. 38: the NE Court cites Denbury.
    • Writing: ” The Texas Supreme Court has addressed this issue in the context of pipeline carriers.150 It reversed a court of appeals’ decision that a property owner could not challenge a common carrier certification by a pu…

Condemning Intangible Property

The Department of Transportation is condemning intangible property by amending it’s rules. Connecticut’s Department of Transportation is condemning bus routes used by private bus companies, because the state has a new bus plan to roll out. 

The private transportation companies have sued. The bus routes operate with a CCN from the Department of Transportation.

The first judge to hear this case said the Dept. of Transportation has proper authority to condemn this intangible p…

TX Rice Partners v. Denbury: A history lesson.

6 years of litigation and we might see the first jury trial. Here’s what happened:

  • Denbury wanted to build a pipeline.  It needed land. Landowners and Denbury were unable to come to an agreement. Eminent Domain proceedings ensued. 
  • Trial Court: Denbury is a common carrier with eminent domain authority.
  • Appellate Court: Yes, common carrier. Yes, eminent domain. 
  • TX Supreme Court: Not a common carrier. No eminent domain. Here’s what we say establish…

Top 2014 Texas Court Cases: Texas Rice Land Partners v. Denbury Green Pipeline

Texas Rice Land Partners Ltd. v. the Denbury Green Pipeline-Texas has been a hot legal topic for years. The repurcussions have been:

TPPF on the Case of the Pipeline that Will NOT Pay the Judgment Against It

Information Intelligence has written about the pending TX Supreme Court case about a pipeline that owes a landowner a hefty judgment and hasn’t paid it. The case is gaining attention and momentum. TPPF weighs in on the case of the non-paying pipeline:

  • “…energetic property rights is what enables individuals to attain self-sufficiency and assert their independence…”
  • “Democratic government is not exempt from the temptation to circumvent the boundaries of private pro…

TPPF Refresher: Transmission Lines Also Carry Eminent Domain Power

This week TPPF released a private property rights paper about a pipeline company facing a judgment in excess of $1.6M against it. The judgment is unpaid and no bond is posted for appeal. It has ruffled feathers.

In the paper, TPPF reminds us transmission lines are no different that pipelines in that they both are private companies that have the power of eminent domain. 

TPPF stresses 2 major points:

  • When private companies have eminent domain authority the scrut…