Category Archives: oil & gas

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…

Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.

Who: Lewis (D) and Cline (R)

Where: Virginia’s open Congressional District 6 being vacated by a (R).

What eminent domain views?

  • The D opposes both eminent domain and raises concerns about pipeline safety
  • The R supports Pipelines but wants federal legislation that:
    • limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
    • offers more publiuc input in the pipeline permitting process

WSLS | News 10| What you need to know…

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

3 Reasons. Change of Heart. Colorado Eminent Domain Proposition from Oil and Gas + Farm Bureau.

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

  • too broad that it threatens property rights
  • costly to…

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

4 Reasons Colorado's Eminent Domain Proposition for Land Owners is Not Good.

The Colorado Municipal League opposition to  Initiative 108/amendment 74 is:

  • “taxpayers as a whole will suffer dramatically”
  • “tax dollars may go more toward fighting lengthy lawsuits”
  • municipal services would suffer- police, parks, trash service
  • it will “halt local government”

Post Indepdent Citizen Telegram | Proposed Colorado Amendment 74 ‘reckless and dangerous,’ say muni officials. 

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

  • energy
  • agribusiness
  • manufacturing
  • financial services
  • equipment
  • utilities sectors
  • including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
  • corporations
  • &  landowners.

Additional Issues they will engage the Legislature on:

  •  education
  • health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

Activist TREND. 100 mile marches against pipeline. 3 Things Protestors Are Saying.

Where:  Iowa

The group organizing the eminent domain protest: The First Nation-Farmer Climate Unity March, organized by the environmental advocacy groups Bold Iowa and Indigenous Iowa,

Pipeline being protested:  Dakota Access Pipeline 

Protestors Say the Pipeline will:

  • A pipeline break will contaminate water
  • A pipeline break will affect generations nby soil contaminations
  • Eminent Domain Abuse should be stopped

Des Moines Register | These Iowans are walking nearly 100 miles to protest the…