Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX
Category Archives: pipelines/common carriers
Lege Trend: Require % of Land Be Negotiated Before Eminent Domain Use
Targeting private entities that have the power of eminent domain, Iowa, wants to require projects to negotiate purchases with 75% of the private land involved in a project before eminent domain can be triggered.
The bill targets a pipeline project and a transmission line project. The pipeline has only been able to neogtiate 50% of the land acquisition while the transmission line has negotiated purcahse of 15% of its land acquisition.
Posted inlegislation trend, pipelines/common carriers, private company, private property rights, process & procedure, transmission lines
States are changing statutes to require that the public benefit/public use for eminent domain occur within the state boundaries. Good news for local projects. Bad news for pipelines and transmission lines that only service out of state customers. Property Rights advocates know no international borders. Property owners on both side of the border raise concerns about the Trans Pecos Pipeline. Here’s what people are saying: “Paul joined most of the chorus of Republican candidates for governor in opposing eminent domain in the name of public utility for private companies.” Central Kentucky News Iowa joins the band wagon to prohibit eminent domain for private companies. Eminent Domain by a merchant, such as a pipeline who is moving a good to and from, would have a higher level of public use to meet. Blog for Iowa In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land. The pipelines say they need access to the land to comply with federal requirements. The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways: The Texas pipeline proptests over TransCanada Pipeline are enough for a movie. Here’s the story: This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st. Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications. This common carrier fight has spanned 7 years. This complex legal tale includes: More than 7 years ago Jefferson County landowners James … No Eminent Domain for Economic Gain is a very popular refrain for property rights supporters. It’s as popular as A/C is in August in Austin. In Nebraska it is a tag line for LB473, which prevents the use of eminent domain by foreign owned pipelines. Foreign owned pipelines would be permitted to negotiate for purchasing easements. Many states are cracking down on the use of eminent domain by private entities.
Posted inlegal trend, legislation trend, pipelines/common carriers, private company, private property rights
Trend: Where is the Public Benefit Occurring?
Mexico-Texas Border Pipeline Has Both Sides of the Border Concerned about Eminent Domain
Rand Paul on Eminent Domain. Not Good New for Private Companies.
Lege Trend & Legal Trend Collide: No Eminent Domain for Private Gain
Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?
Pipeline Protestors Arrested. Sue Company that had them arrested.
Common Carrier Battle. Round 2000. Danbury Seeks Rehearing Over Court Loss. Countdown to Amendment Flurry.
The No Eminent Domain for Economic Gain Bill