Welcome to the Future!
This story has it all- united landowners upset by pre-condemnation access by a private company exercising eminent domain for a project that won’t produce a direct public use in some states the pipeline crosses. As an added bonus, the Georgia Governor is openly opposed.
Another Southern rebellion is afoot according to the Los Angles Times . Landowners in the South are joining forces to s…
Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting.
The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes.
Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In m…
A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain.
Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain.
“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with pol…
South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines.
Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.
The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…
An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee. Further, the only benefit is to the private company building the pipeline.
Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity.
If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.
This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.
Over the last year, court rulings have impacted pipelines and transmission lines.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
To use eminent domain in Georgia, a pipeline company must have approval from the Governor and the Department of Transportation. In this case, a pipeline company wished to build a 210-mile pipeline to move gasoline and ethanol across Georgia to terminals near Augusta, Savannah and Jacksonville. For this pipeline, wishes and dreams did not come true. What stopped the pipeline from getting eminent domain? Its harder and harder to build insfrastructure in Texas. Tollroads, high speed rails, pipelines are greeted by protestors, private property rights activists, and lawsuits. The Midwest has responded with the Midwest Alliance for Insfrstructure Now. It is a coalition of: Private property rights as engrained in Texas as the Lone Star. Dueling private property rights are facing a detante. Denton’s fracking ban sought to protect use and enjoyment of your private property, your home. In contrast, HB 2595 would prohibit initiative and referendum petitions that restrain private property rights. Sounds just like what Denton did, until one sees that there are also private property rights in mineral interests, which is what HB 2595 sought to protect. <...
The 143-mile Trans-Pecos pipeline will take West Texas gas to Mexico. To get there, it has to build a pipeline through lands owned by Texans. Say you’re a ranch owner, and you’re asked for a 50 foot easement for a pipeline that won’t deliver its goods to the U.S. Did the Constitution contemplate a public use outside the U.S.? A land owner quote from a meeting in Alpine, TX:
Posted ineasement, pipelines/common carriers, private property rights, public use or benefit
Eminent Domain Denied to Pipeline.
How are Interests in Other States Battling Private Property Rights Groups?
Many Faces of Private Property: Mineral Rights or Property Rights on Your Homestead?
Pipeline to Mexico Through Texas Land. Is there a public use?