First came Georgia, then comes South Carolina to ban eminent domain for pipelines.
Independent Mail | Pollution, pipeline bills await South Carolina House votes
Category Archives: pipelines/common carriers
Campaign Trend. Eminent Domain. 3 Key Reforms Touted.
What eminent domain reforms are being touted by a campaign?
- Deny eminent domain to private entities
- Shift Burden of Proof from the land owner to the condeming entity
- New Standard for Public Use:
- a “purpose wholly for public use and necessity”
- Good Faith Negotiations by condeming entities
- Require a condemning entity to evaluate:
- health and safety impacts of their project
- weigh impact of alternatives to those requiring condemnation
Legal Trend. 3 Markers to Support Eminent Domain from the East.
State courts in which state are grappling with eminent domain for a pipeline over landowner objections? Pennsylvania
What 3 considerations did the judge list in approving eminent domain to move forward?
- Declaration of Taking complies with state law
- Pipeline’s condemnation plans are “sufficient to properly identify the disputed acreage”
- Pipeline is financially stable to pay for any potential damages
TREND: New Eminent Domain Target. High Pressure Gas Lines. 3 Points Informed Intel.
What state passed new eminent domain restrictions this week? New Hampshire. Freedom loving libertarian types, sound familiar?
What was the primary target of the NH eminent domain reform? gas pipelines, with some legislators laser focused on “outlawing” high pressure gas lines
What specific reforms happened in NH’s HB 1660?
- eminent domain will now trigger a land use change tax in NH
- for high pressure gas lines, an entire piece of property must be acquired by eminent domain
- requires a…
12+ Texas Land Owners Lawsuits. Pecos Pipeline. 1st Pipeline of its Kind. What the Attorney Says.
What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :
- No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
- The Railroad Commission does no investigation on whether the pipeline is a common carrier.
News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners
Legal Trend: Denbury Back at Texas Supreme Court, 3 Key Pieces Informed Intel.
Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.
- Even though the order was granted on April1st, it is not an April Fools joke.
- In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
- What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the…
Private Property Rights: Drone Registrations. 2 Texas Companies.
Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)
What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service
How is industry using drones? wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring
2 States Republican led Legislative and Regulatory Actions Kill Pipeline.
Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida
What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.
What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…
Eminent Domain at heart of a FERC Denial. Lawyers Read the Tea Leaves. 3 Points Informed Intel.
Which FERC denial triggered a lawyer brainstorming session? The denial of “Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG)”
What eminent domain issue to the lawyers point to? “the pipeline proposal’s impact on landowners and communities given the Pacific Connector’s need for eminent…
Lege Trend: Eminent Domain Triggers a New Tax
What is this new tax when land is taken by eminent domain? Maine’s HB 1660 applies a land use change tax to land taken by eminent domain.
In theory, land not taken by eminent domain could not be subject to the tax, which could serve as a means to encourage negotiation.