Category Archives: pipelines/common carriers

Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…

Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…

40+ Anti-Eminent Domain Petitions. 4 most popular eminent domain topics.

Move-On.org, home to online petitions, has 44 eminent domain petitions, the overwhelming majority oppose development.

The most popular anti-eminent domain sentiments:

  • No eminent domain for private gain (AKA no eminent domain for private companies)
  • Stop Pipelines
  • Stop Electricity Lines
  • Stop eminent domain for underwatr mortgages 

New Hampshire. Pipeline. Eminent Domain Protests.

What’s happening in new Hampshire? The key early voting Presidential state is expereiencing protests against a pipeline.

What’s the Republican govenror saying? The Governor has not taken a position.

What are Republicans saying? Opposed to the taking of private land.

Are there othere issues that contribute to the protests? Yes, environmentalists are concerned about conservation land that the pipeline will traverse.

Union Leader | Pipeline opponents give governor an earful at…

2 National Eminent Domain Trends Arrive in Texas. Texas Farmers First to the Punch.

Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:

  • No Eminent Domain for Private Gain Mantra Arrives in Texas. “Eminent domain – I always thought was meant to be for the good of the people, for the benefit of the people. In this case, the only thing it’s for is the greed of the company.”

 

  • Big legal trend requiring that the public use or benefit accrue in the state permitting eminent…

West Texas Farmers 3 Concerns About Pipelines

  • Pipeline machinery are a nuisance to tranquil enjoyment and to cotton crops
  • Pipelines threaten lawsuits from the outset
  • Farmers fear retailiation by the pipelines

Farmers talking about a proposed west Texas pipeline that will bring products to Mexico.

AP via Washington Times | Some farmers in West Texas raise concerns about pipeline

Campaign: I am Only for Eminent Domain When it is used to Create Jobs.

In a Fox News Interview with Chris Wallace, Donald Trump clarified his position on eminent domain by saying:

  • “I’m only for eminent domainwhen it is used to create jobs.”
  • “…eminent domain is something you need.”
  • ” I think that would have been a good eminent domain because you would have provided thousands of jobs. And this is a woman who couldn’t have cared less about her house. All she wanted was money.”
  • On Keystone Pipeline he says:
    • “That’s a big economic development. But remember…

The Winning Court Argument That Confirmed Eminent Domain Power for a Pipeline.

The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit. 

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no…

3 Questions Answered Why Keystone XL Drops Eminent Domain Lawsuit.

Landowners have used the legal process to stop Keystone XL & got a win this week. 

How did landowners win? An Eminent Domain action against various landwoners has been dropped by the pipeline.

Why drop a lawsuit against landowners? Don’t they need to build their pipeline?

 Case law under the current eminent process favored landowners through the Nebraska Supreme Court.

Do the pipelines have an alternative course of action? Yes. The Pipeline will try another regulatory route through…