Welcome to the Future!
Kentucky Legislature is debating whether to permit a proposed repurposing of an existing natural gas pipeline. The debate has brought to light 70 year old easements.
Clearly thoughts have changed in 70 years. The safety of the types of fluids that traverse the pipes, plus recent safety issues are weighing on legislators.
Here’s what one Kentucky legislator said publicly:
“I say that there should not be a legal argument that you have the right to take someone’s property to put a…
California legislature passed a bill to protect property owners from drones filing within 350 feet above their property. Very pro-private property rights legislation.
This measure, Senate Bill 142 , was vetoed by Governor Jerry Brown. The Governor is concerned that drone operators will be exposed to litigation.
Courthouse News Service: Drone Regulations Grounded in California
Mississippi State Senator Mike Seymour entered the race for his seat due to his opposition to eminent domain and China…. In his words:
“”The thing that separates us from Russia and China and all is our property rights. I understand eminent domain for transportation and stuff like that but when it comes to economic development, it shouldn’t be the government taking your property and selling it to another entity to generate more tax revenue. That’s not America. It’s something that…
11 states are bandying about 36 pieces of legislation to gain state control over federal land management.
Supporters say the state should control land within its boundaries. Opponents, like the Center for Western Priorities issue reports entitled, “Going to Extremes: The Anti-Government Extremism Behind the Growing Movement to Seize America’s Public Lands.”
Polls say 52% support federal control over the public lands. But in these large western states, like Nevada where 85% of the…
Officials in Tulsa, Oklahoma want to remove the statutory requirement that if landwoners at trial receive a value 10% higher than the special commissioners, then the local government has to pay the landwoner fees and expenses.
Paying attorney fees and expenses led to this comment by a Tulsa official: “That 10 percent rule is basically a pain in the neck,” Swiney said. “I think it leads to abuse. It leads to bill padding. It discourages settlement and encourages litigation.”
The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive.
The proposal floating around would require an oil and gas comapny to get approval from:
“The Assuring Private Property Rights Over Vast Access to Land (APPROVAL) Act (H.R. 3062) directs:
Eminent domain that benefits a private company could have new hurdles if federal legisaltion by Congressman Sensenbrenner passes.
Economic benefit to a private company from eminent domain would cost a state federal economic funds for 2 fiscal years after a court ruling that the federal law has been violated.
Iowa was proposing that 75% of land for an eminent domain project be obtained with a willing buyer. The bill didn’t survive the legislature, but the author calls the session a success. The Iowa Speaker of the House says the issue will be back next year as vocal property owners are opposing pipelines in Iowa. The Gazette
Information Intelligence May 21, 2015:
Willing buyers are a hot topic in eminent domain. No one wants to be forced into selling their property. So, who doesn’t…
In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.
The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies.
Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…