Common Carrier Battle. Round 2000. Danbury Seeks Rehearing Over Court Loss. Countdown to Amendment Flurry.

This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st. 

Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications. 

This common carrier fight has spanned 7 years. This complex legal tale includes:

  • More than 7 years ago Jefferson County landowners James …

The No Eminent Domain for Economic Gain Bill

No Eminent Domain for Economic Gain is a very popular refrain for property rights supporters. It’s as popular as A/C is in August in Austin. 

In Nebraska it is a tag line for  LB473, which prevents the use of eminent domain by foreign owned pipelines.  Foreign owned pipelines would be permitted to negotiate for purchasing easements.  Many states are cracking down on the use of eminent domain by private entities. 

adminPosted inlegal trend, legislation trend, pipelines/common carriers, private company, private property rights

Property Rights Puts High Speed Rail 18 Months Behind onConstruction

California has been building the infrastrcture for a high speed railway. Property aquisition has caused the following issues:

  • 18 months behind on construction
  • contractor is already reportedly seeking compensation for the delays
  • The high speed rail needs to acquire 525 parcels, but they’ve only successfully acquired 123 parcels

adminPosted incompensation, legislation trend, private property rights, railways

Impact of Pipelines & Power Lines to Ranch Lands

Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts?

This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are:

Pros of Pipelines and Power Lines Running Through Pastures:

  • “don’…

Bill Filing: Heart of Groundwater Fight Is Eminent Domain

Representative Isaac says removing eminent domain authority from a water district is the “saving grace.”  he goes on to talk about the abuses of eminent domain authority by special districts. Texas Tribune

There are 100s, if not 1000s, of special districts in Texas. Texas Legislative Council has tracks and organizes these grants of eminent domain authority. The 2012 list of special di…

Lege Trend: No Eminent Domain for CO2 Pipes

New Mexico State Representative Matthew McQueen, D-Galisteo offered legislation to ban the use of eminent domain by private companies operating pipelines that would carry CO2.  

This unique bill died in committee, but has sparked an activist movement that believes their property will be rezoned and their mortgages cancelled should a pipeline cross their land.

 Mountain View Telegraph<...

Lege Trend: Sacramento Kings Stadium Gets Expedited Eminent Domain

The California legislature has provided several mechanisms to build stadiums more quickly. One of these tools is to allow for eminent domain before environmental studies are completed. 

The City of Sacramento and the Sacramento Kings have won 2 court cases upholding their ability to move quickly to build the new stadium.

National Law Review

Attorneys Fees in Eminent Domain Cases Gets Quick Hearing in Senate

 This week, Sen. Kolkhorst’s SB 474  , received a hearing in Senate State Affairs. To commemorate the occasion, TPPF released a paper supporting her bill. 

TPPF offers 4 Key Points on why reimbursing property owners for fees and costs of eminent domain litigation is good public policy:

  • “Texas property owners cannot rely on legislative oversight or the political process to …