Lege Trend. Oil & Gas Set Backs Lead to Initiative to Compensate Land Owners.

Where:  Colorado

What form is this compensation for private property owners taking? An initiative proposal

Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.

The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

 

Lege Passes Bill to Take Mineral Rights From State & Give To Land Owners. Read the Bill.

State: North Dakota

What happened with this land to trigger this bill? The landowners say that the state took their oil and gas mineral rights from property acquired by the federal government for the construction of the Garrison Dam. The State Supreme Court agreed.

What was the Legislative fix? To except mineral rights from land transactions by the state as it relates to the dam project

The Bill: North Dakota SB 2134 (2017)

Bismark Tribune via Dickinson Press | Family ‘elated’ over ND…

+1 Lawsuit. Legal Trend. Landowners Sue. Pipelines a Public Use? + 4 State Reactions

Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.

The new lawsuit is in U.S. District Court for the Western District of Virginia.

4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:

  • South Carolina and Georgia have restricted the use of eminent domain for oil pipelines
  • Ohio and Iowa have ahad a fair share of legal challenges concerning property takings for pipelines.
  • …

Legal Trend. Constitutionality of Eminent Domain for Pipelines. Denbury Meets Federal Courts. 3 Bits informed:intel to watch.

In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.

What to watch:

  • Will the court set a new test for what qualifies for public use by a pipeline?
  • Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
  • How far reaching will the federal court decision be?

Roanoake Times | Landowners ask federal court to intervene…

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues