Welcome to the Future!
Eminent Domain works much differently in Mexico. The options are (1) take the negotiation or (2) Presidential decree will swallow up your land without any payment.
To that end, a group of landowners, who own land in the path of the pipleine heading toward Big Bend, accepted an offer of $750/each for a pipeline easement.
Iowa landwoners are suing its version of the Texas Railroad Commission, because the Iwoa agency allowed a pipeline to have the authority to use eminent domain.
The South Carolina Attorney General issued an opinion asserting that a pipeline probably does not have eminent domain authority which sent legislators into overdrive.
The proposal floating around would require an oil and gas comapny to get approval from:
The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.
It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.
But, it’s also Libertarians, who are actively and viably challenging Republicans.
11 Ohio counties are in the path of a proposed pipeline that has solidified citizen action in opposition to the pipeline.
The pipeline has been trying for 1 year to access property for normal pre-condemnation access to properties. It hasn’t worked.
So, the pipeline filed suit, because people who are already heated over their desire to protect private property also love lawsuits. Not the best logic to gain support, but reasonable legal argument if public support is irrelevant.
What are…
The Iowa Citizens for Community Improvement joined a coalition called, Bakken Pipeline Resistance Coalition. It sounds like Occupy movement, which recently started promoting anti-eminetn domain causes, like this.
But, Iowa Citizens for Community Improvement is led by a 67 year old, retired former Department of Natural Resources official.
The whole shebang is encouraging more private negotiations. Iowa posts online negotiated easements, and the company cites 60% of the land being…
In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.
The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies.
Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is…
Earlier this month, Denbury appealed the most recent appellate decision in its case aginst Texas Rice Land Partners. Denbury argues that the Court of Appeals did not follow the Texas Supreme Court’s test for common carrier, estbalished by this lengthy legal saga.
Denbury goes on to argue that the TX Supreme Court has new common carrier issues it needs to look at too. Such as- Is there common carrier status in §2.105 of the Texas Business Organizations Code?
Common Carrier: …
Taking private land motivates people. When it comes to Keystone XL pipeline in the Northern plains, there have been protests with crops, Willie Nelson fundraisers, parades, and now protesting at court houses.
” The Texas Pipeline Association, TransCanada Corp. and tort reform group the Texas Civil Justice League on Monday urged the Texas Supreme Court to review a ruling they say spells potentially disastrous delays for pipeline projects across the state.”
What’s the impending disaster?…