Legal TREND. US Supreme Court Rejects Pipeline Quick Take Appeal. 3 Things this means for property rights?

Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.

What does this denial of cert. mean?

  • Institute of Justice says we continue with the current system that “systematically disadvantages property owners whose land is taken for pipeline construction”
  • Law Nerds Say: 5 other circuits have said the same thing, this isn’t an issue for the Supreme Court
  • Industry says:…

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

3 Ways Republicans are Inconsistent on Eminent Domain

  • Republicans oppose taking land for trails and sidewalks calling it “egregious government overreach”
  • Republicans support allowing foreign corporations to use eminent domain
  • In the state budget Republicans expanded the types of oil pipeline business structures granted eminent domain power

Wisconsin State Journal | Mark Borchardt: Republicans are inconsistent on eminent domain

Editorial. 3 Reasons Texas Needs Eminent Domain Reform.

San Antonio Express News Editorial, Eminent domain law reform needed, says these are the reasons texas needs eminent domain reform:

  • Texas is going to face a lot of eminent domain in our growing state with its growing energy industry
  • there are a lot of property owner horror stories
  • let’s be fair, there is no harm in transparency

 

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

Public Meetings for Private Eminent Domain. Transmission Lines v. Pipelines in Texas via Texas and Southwestern Cattle Raisers Association

In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.

In contrast, in Texas common carrier pipelines do not have similar requirements.

Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.

Morning Ag Clips | Public meetings on eminent domain a good start