Lege Trend: No Eminent Domain for CO2 Pipes

New Mexico State Representative Matthew McQueen, D-Galisteo offered legislation to ban the use of eminent domain by private companies operating pipelines that would carry CO2.  

This unique bill died in committee, but has sparked an activist movement that believes their property will be rezoned and their mortgages cancelled should a pipeline cross their land.

 Mountain View Telegraph<...

Lege Trend: Cornhusker State to Say NO to Eminent Domain for Private Companies

LB 473 would prevent eminent domain for private companies. It’s a direct response to the Keystone XL Pipeline ruckus in Nebraska that has seen protests and court rulings thus far blocking eminent domain.

More than 11,000 people have signed a petition supporting this bill for Bold Nebraska, a group opposed to eminent domain for private pipelines. 

Poll: 81% Do Not Support Eminent Domain

Iowa is polling on everything from potential Presidential candidates to private companies using eminent domain. Private companies using eminent domain is as popular in Iowa as it is in Texas.

  • 57% favor pipelines
  • A majority favor building wind transmission lines and pipelines

Iowans like energy projects, but they strongly dislike these same companies using eminent domain. 

  • 74% oppose eminent domain by pipelines and transmission line companies…

9th COA Rules: No Common Carrier Status.

In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier.  Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power.

The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma…

Private Property Rights >The Fracking Bans. Do Property Rights Trump All?

Fracking & private property rights. Eminent domain is triggered at many levels in fracking. It can br triggered by the pipeline moving the oil to refining. It can be triggered when new roads are needed. It could be inverse condemnation when a regulation, like a fracking ban, limits how people can use their land. 

Senator Konnie Burton says cities should not be able to infringe on private property rights. Her  adminPosted in2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights

Activist Alert: Death of Democracy. March Protesting Pipeline Eminent Domain

In the last year, opposition to eminent domain has turned more vocal and more public. Opponents have:

  • Hosted concerts & parades with world renowned musicians (featured Texans)
  • Shut down public meetings with overflowing crowds (occurred in Texas)
  • Consistently encourages city councils and county commissioners to vote in favor of land owners and against private entities using eminent domain (occurred in Texas)

This week we have “”Death of Demo…

New Bill Filing: Attorney Fees Imposed Against Losing Condeming Entities

When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property? 

If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity.

It’s loser pay for eminent domain and applies to…