Category Archives: oil & gas

Lege TREND. Requiring Landowner Compensation for Local Ordinances. State Declared Inverse Condemnation.

Where: Pennsylvania

The Legislation: HB 827 (2019 | PA)

What would it do? Require the Delaware River Basin Commission to compensate landowners for economic losses stemming from a ban on natural gas fracking

KYW | Pa. House debates bill to require compensation if DRBC bans fracking

Lege TREN. 2 Reasons Texas Eminent Domain will Increase Energy Costs

The Consumer Energy Alliance says SB 421 (2019 | TX) could increase energy costs by:

  • Pipelines will cost more to build
  • The increased cost of pipelines, and delays in building pipelines, will raise feul costs

San Antonio Express News | SB 421 may cause spike in energy costs

 

Lege TREND. Oil & Gas Underground Storage. No Land Owner Compensation.

North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas,  or CO2 recovery storage for the land owner.

KXNET | Landowners Group: Bill would take land rights away

 

Property Rights in Pore Space.

North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.

What is pore space? The cavernous area beneath the surface that isn’t solid

How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner

What does SB 2344 do?

  • changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
  • prohibits a surface owner from seeking compensation for pore space

What industries…

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use

 

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

  • Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
  • Allow for multiple utilities to use the tunnel;
  • Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
  • Limit liability for the state, the authority, and members of the authority;
  • Require that all necessary government approvals be obtained for the tunnel;
  • Prohibit the use of eminent domain…