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A lawyer representing rural landowners writes:
A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy
Where: Clark Co. Wisconsin
The resolution is in respopnse to: Enbridge Energy Company’s desire to increase oil capacity traveling through their pipeline system
The rational for changing eminent doamin laws for private companies:
CWB Radio | Clark County Board of Supervisors Approves Resolution…
Which state has this ballot proposition? Colorado Inititative 108 (2018)
What groups are backing the initiative? Colorado Farm Bureau & Oil and Gas Industry
What does the ballot proposition do? Switches compensation calculation to a fair market value standard
The opposition: Cities, Counties
Opposition Says the proposition will:
Why do mountain states allow for private condemnation for natural resources? to encourage natural resource development
How is the private condemnation used in arid regions?
What is private condemnation? It allows landowners the unique ability to condemn another landowner’s property to acquire a right-of-way to construct “ditches, canals and flumes for the purpose of conveying water for domestic purposes,” and for irrigation, mining, manufacturing and drainage, “upon payment of just compensation,”
Which states allow for private condemnation?
Colorado Farm Bureau is proposing Initiative 108 that will amend the Colorado Constitution to:
What is the catalyst? tightening of setbacks on oil and gas development from fracking proliferation
How does the tightening of oil and gas setbacks impact farmers? Setbacks essentially eliminate oil and natural gas development & farmers rely on royalty checks
What issue are legal property rights centers looking at? is there a public good, for eminent domain purposes, when the public that benefits from the exported good is Europe or China?
What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.
To exercize eminent domain constitutionally there must be a public use/public purpose for the land
How are property rights legal exeperts looking to…
Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.
What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina
The court sides with the landowners and said:
What pre-requisities on eminent domain use are detailed by the court to…
A Louisiana Court ruled that Public Records Laws Not Applicable To Private Pipeline Company.
Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records
The Court’s response— there is no basis for applying open records requirements in this matter.
Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company