Eminent Domain Documentary. Landowners vs. Pipeline. Top 5 Arguments from all sides.

A new documentary details the plight of landowners that oppose the Bluegrass Pipeline. Top 5 complaints from landowners:

  1. companies misled landowners over the type of product in the pipeline by alleging the pipeline was for natural gas instead of natural-gas liquids. 
  2. natural gas liquids are highly flammable
  3. the pipeline serves no public use
  4. surveyors enter property without permission
  5. Oil companies deny trying to mislead or intimidate residents

What was the end result? 

  • Landowners…

Eminent Domain Protest of Pipeline. Raise new issue: Unfair Commercial Appraisals.

Who: Joint forces of private property rights advocates & environmentalists

What: Protesting the Constitution Pipeline in New York

Why does this matter? Because this trend was started by Texans. Willie Nelson headlined a concert protesting Keystone XL Pipeline. 

What they’re saying: 

  • threats to landowners
  • moving toxic waste through greenspace
  • commercial appraisals are low on oil and gas facilities, which hurts communities 

Watershed Post: Scores protest pipelines at rally in…

Safety + Eminent Domain = Lege Trend: No Eminent Domain for Dangerous Products in a Pipeline

Kentucky Legislature is debating whether to permit a proposed repurposing of an existing natural gas pipeline. The debate has brought to light 70 year old easements.

Clearly thoughts have changed in 70 years. The safety of the types of fluids that traverse the pipes, plus recent safety issues are weighing on legislators.

Here’s what one Kentucky legislator said publicly:

“I say that there should not be a legal argument that you have the right to take someone’s property to put a…

Candidate for Railroad Commission, Eminent Domain & Pipelines. RRC Did only Bureaucratic Busy Work.

Dr. Mark Miller, the 2014 Libertarian nominee for Texas Railroad Commissioner, and announced his candidacy for Texas Railroad Commissioner in 2016. From his statement:

“Among them were appropriate regulations for wastewater wells that trigger earthquakes and eminent domain abuse by common carrier pipelines. Sadly, regulations promulgated by the Commission under Porter’s watch turned out to be nothing more than window-dressing, resulting in additional bureaucratic busy-work, but with no…

Advertising for Eminent Domain Protestors

Pipeline protesting proliferates the Northern Plains. The most recent rally cry is a purchase of billboard ad space along the proposed route of a pipeline. 

Dakota Rural Action purchased the billboards to get citizens engaged.  The determination whether to award eminent domain to the common carrier in the permitting process.

Considering the string of recent denials of eminent domain authority to private entities, like a pipeline, in the last few months, the billboard ad buy is a smart…

Eminent Domain Propels Candidate to Enter Race

Mississippi State Senator Mike Seymour entered the race for his seat due to his opposition to eminent domain and China…. In his words:

“”The thing that separates us from Russia and China and all is our property rights. I understand eminent domain for transportation and stuff like that but when it comes to economic development, it shouldn’t be the government taking your property and selling it to another entity to generate more tax revenue. That’s not America. It’s something that…

Landowners Opposition Coalesces against Trans Pecos Pipeline. 6 Points from Texas Monthly.

He said/She said/They Said abounds with the TransPecos pipeline. Its like a love triangle with the drama of a telenovela:

  • Trans Pecos says it has precondemnation access agreements with 95% of landowners in the path of Trans Pecos pipeline route
  • Landowners say even if landowners allow access for surveying, it doesn’t mean that they support having their land taken. In fact, some still oppose the pipeline.
  • Texas Monthly says opposition to the pipeline has been centered in Marfa, Alpine,…

Texas Pipeline+Land Men Gone Angry+ Pre-condemantion Access =Lawsuit.

Trans Pecos is building the international pipeline through Big Bend and ranch lands. One of those ranches believes pipeline representatives entered to survey without permission. This trespass included sinking stakes into the land. 

As a result of the pipeline trespass…an impending lawsuit. Its a case of landmen gone wild, threatening cease and desist orders against land owners.

BigBendNow

Legal Trend: Private Companies Denied Eminent Domain.

A brewing legal dispute in Iowa highlights the momentum away from allowing eminent domain authority for pipelines, transmission lines, and other utilities that are privately owned. 

An Iowa Attorney:

“The larger issue — what it really comes down to — is whether these guys have the power of eminent domain. this is not a utility, it is not public, it is not providing any necessary public service. A number of other cases have rejected such eminent domain arguments — the Bluegrass Pipeline…

Iowans Say the Darndest Things About Pipelines

Iowa- home the Presidential state fair and its fair share of pipelines. One Iowan expressed these views of the Ames Tribune:

“I see only corporate greed, trampling of private property rights and a threat to Iowa’s environment. Here’s my beef: show me the public good. “

His comments reflect tw growing eminent domain trends:

  • a message & campaign trend of “no eminent domain for private (corporate) gain”
  • a legal trend of denying pipelines eminnet domain when the pipelines do not…