Category Archives: pipelines/common carriers

Lege Trend. Texas Eminent Domain Bills. 5 Points from the Authors

Senate Bill 421 (TX | 2019) and House Bill 991 (TX | 2019) authored by Senator Kolkhorst and Representative Burns would, according to the authors:

  • penalize companies for intentionally low-balling landowners during negotiation
  • put landowners “on an even footing,
  •  more transparent, fair and accountable eminent domain process.”
  • costs won’t climb because eminent domain cases will become less heated, so companies will be able to acquire land more quickly and spend less on legal fees.
  • the…

Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?

The 2 umbrella assocaitions in the bruhaha:

  • Texans for Property Rights “dedicated to protecting property rights”
    • Texas Farm Bureau
    • Texas Assoc. of Realtors
    • Texas Wildlife Association
    • Texas & Southwestern Cattle Raisers Assoc.
    • TWITTER  (October 2016)
  • Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…

+1 Local Government. No Eminent Domain for Private Gain. From the North.

Columbia County, Wisconsin Baord of Supervisors voted to support he following statewide eminent domain reform:

  • prohibit private companies from using eminent domain to take property
  • public good should not include economic growth
  • ensure that landowners can negotiate for a fair price.

Are other Wisconsin counties doing the same thing? Yes, at least 6

Portage Daily Register | Columbia County Board favors eminent domain reform

Sawyer County Record | Rusk County passes resolution calling for…

Update of Final Version. Anatomy of a Bill that Sped up a Pipeline & Transmission Line Tunnel

As signed by Michigan’s Governor, SB 1197 (2018 | MI) will:

  • Include a plan for recruiting, training, and using Michigan workers for the tunnel project;
  • Allow for multiple utilities to use the tunnel;
  • Provide that the tunnel is built to last and will contain potential oil spills in the Straits of Mackinac;
  • Limit liability for the state, the authority, and members of the authority;
  • Require that all necessary government approvals be obtained for the tunnel;
  • Prohibit the use of eminent domain…

Lege TREND: Private Entities Get Regulatory Approval Before Using Eminent Domain?

This is the question at the heart of a lawsuit in Louisiana.

What does state law look like for eminent domain? To use eminent domain, an entity must receive permission from a regulatory agency.

Is this the middle ground between no eminent domain for private entities and no checks on the use of eminent domain by private entities?

Louisiana Record | Eminent domain laws at heart of suit challenging Bayou Bridge Pipeline, law professor says 

3 Reasons to Reign in Eminent Domain. Editorial from the Black-eyed Susan Flower State

The Baltimore Sun Editorial, Transource fight continues [Editorial], raises these 3 issues with eminent domain:

  • Balance economic interests in eminent domain by comparing whether there are “sufficient economic benefits to justify the..cost and the disruption to the communities”
  • Legislation should re-direct to non-eminent domain alternatives. Maryland is considering requiring that power projects look to existing infrastructure first. 
  • Public Necessity.   need a better balance between property…

Legal TREND. Private Companies. Does Using Eminent Domain Subject you to State Open Records Laws?

Louisianna Courts are tackling whether a pipeline, that utilized eminent domain, subejcts its to open records laws.

The lower court said, no open records laws do not apply.

Next up: Appellate Courts. 

How is this moving through the courts? Via The Center for Constitutional Rights

What information is The Center for Constitutional Rights looking for?

  • company communications about federal, state and local politicians
  • documents concerning opposition to the pipeline
  • records related to LSU…

Legal TREND. The US Supreme Court & Pipelines

The US Supreme Court may consider the Mountain Valley case.

What’s Mountian Valley about? Landowners are claiming the natural gas pipelines used eminent domain unconstitutionally because land is taken in states in which there is no benefit realized.

How did the landowners fare at the 4th Court of Appeals? landowners lost but because the court’s didn’t have jurisdiction not on the constititional issue.

 Washington Post | Landowners ask Supreme Court to hear Mountain Valley case

CAMPAIGN TREND. Property Rights Proposition with Broad Repercussions.

Colorado voters in Novmebr 2018 will vote on an Amendment  which concerns private property rights of whether drilling can occur near neighborhoods has broad implications:

  • Colorado’s  top  oil  and gas drillers  are  subsidiaries  of  Texas companies
    • The companies have contibruted millions opposing the campaign
  • Oil and gas service companies will be impacted, many of which are home to other states
  • Investors impacted: financial services & private equity groups 

Red River Radio | Colorado…