Welcome to the Future!
As loyal subscribers know, 2 state legislatures enacted moratoriums on eminent domain, specifially eminent domain used by private entities, like pipelines.
Let’s dig into what supporting testimony for these moratoriums looked like:
A pipeline that will traverse South Carolina & Georgia has the 2 states pushing legislation to reign in eminent domain. Let’s look:
The South Carolina bill package will:
The Georgia bill will:
What issues are land owners raising in the 12 pending eminent domain lawsuits for the Trans Pecos pipeline?
Is this pipeline using eminent domain like every other pipeline in Texas using eminent domain? No, no one has ever built a pipeline like Trans Pecos with the purpose of selling natural gas to…
What state is considering licensing land men? Pennsylvania
What requirements are being considered?
What was the genesis for this bill? Complaints from landowners that land men were making statements that were untrue about either the impact of a projected pipeline or the power of eminent domain.
Reading Eagle | Lawmaker questions conduct of land agents
Which state legislature is moving a 5 year moratorium on private company eminent domain use? South Carolina
What motivated this move? The Palmentto pipeline
What is the Legislature required to do in those 5 years? Study the use of eminent domain, specifically as it applies to pipelines.
Jasper County Sun Times | S.C. Senate approves scaled-back eminent domain bill
Where is this eminent domain case in the courts? A federal district judge and Federal Energy Regulatory Agency granted a pipeline in Pennsylvania the ability to clear trees in anticipation of a pipeline while the matter continues in federal court.
How did the state police stop the pre-condemnation access? The federal judge’s order did not authorize the state police to arrest protesters who appeared to stop the loggers.
What is the issue the land owners are fighting? Landowners operate…
Where did a state Supreme Court deny eminent domain power to a pipeline? Kentucky.
What do legal pundits say was the issue triggering the denial of eminent domain authority? That the pipeline isn’t regulated as a utility under Kentucky law.
Why wouldn’t a pipeline be regulated under Kentucky law? Because Kentucky law restricts regulated utilities to those operating within the state. The proposed pipeline would traverse the state but not deliver goods, therefore wouldn’t operate, in the…
What state regulators refused eminent domain powers for a pipeline? Georgia
Why did Georgia deny eminent domain authority? For reasons including that the pipeline would not provide any direct benefit for Georgia, the pipeline only went through the state without dropping off goods in the state.
What happened after the denial of eminent domain by state regulators? 4 things.
Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon.
Wharton Journal Spectator | New law promotes transparency for eminent domain