Pipelines age. Botox for pipelines is called replacement. When replacement means re-routing the pipeline, land owners sue. A federal district court in Pennsylvania granted summary judgment for the land owners finding that replacement requires that the pipeline use the same footprint. The Third Circuit issued a deeply split opinion that will forecast many future suits throughout the country as pipelines are replaced. The split opinion generously defines replacement. The pipeline isn’t re…
Category Archives: pipelines/common carriers
RRC Rule Making: The Public Speaks
Hundreds of comments have been received from individuals and entities. Most interestingly, John Adams has shared his two cents on the proposed RRC rule. Who better than a Founding Father and an advisor to the US Constitutional Convention to weigh in on the issue of property rights. [RRC Public Comments]
How do you avoid the Legislature? Give the Governor sole eminent domain authority.
An end run around the Legislature to give the Nebraska Governor sole eminent domain authority for TransCanada Keystone XL pipeline has raised eye brows. It’s currently the subject of contentious litigation before the Nebraska Supreme Court. Legislators don’t like their powers taken away. Toddlers don’t like their toys taken away. The bill had a bumpy committee hearing and the press seized it. The press likes discovering that a legislator can’t answer questions about his bill in a committee…
Profit Sharing in Eminent Domain
In 2012 the Commonwealth amended its constitution to allow a landowner to petition for up to 3 years worth of profits from a project that used eminent domain. Imagine the revenue impact for profit sharing on electric transmission or oil and gas pipelines in Texas. [The National Law Revie…
RRC proposed rules sound good, if you like more paperwork
The Cattlewoman’s Column posits that the proposed Railroad Commission rules on common carriers add more paperwork, but do nothing to solve the problems of land owners.
RRC Rule Controversy Percolates
A Pipeline “ticked off” a cattleman. Said cattleman is President of the Texas & Southwestern Cattle Raisers Association. Messing with Texans isn’t wise, messing with Texas cattlemen far less than wise. [TSCRA]
RRC Proposed Rules Revive Eminent Domain Debate- Who doesn’t like an old fashioned revival in smoldering Texas heat?
- The Cattle Raisers take note of the RRC’s proposed rules. Cattle is big business on big swaths of land. Naturally, anything that affects their land draws attention. Beef and property rights remain sacred in Texas. [The Cattleman]
- East Texas media darling, Juila Trigg Crawford, having returned from speaking …
Clash of the Titans: Private Property Rights v. Pipelines
Texas Tribune reports on this renewed legislative MMA fight. In one corner we have lovers of the Constitution along with their legions of attorneys. In the other corner, we have economic powerhouses along with their legal battalions. [Texas Tribune]
Posted ininfrastructure building, pipelines/common carriers, private property rights
Have the requirements set by the Texas Supreme Court in Denbury been met by the RRC rules? We’ll have to let the Courts tell us. The final word will be handed down by the Legislature which will determine how Texas Grows & respects private property rights. [DMN]<... Naturally, everyone should look to Texas when trying to solve problems. Aljazeera did while forecasting how Pennsylvania will handle pipeline common carrier use of eminent domain. In the last few years, the Texas Supreme Court has been rolling back the power of eminent domain in favor of stronger private property rights. The effects of the Tea Party are pervasive, and private property rights are de rigueur.
Posted ininfrastructure building, pipelines/common carriers, private property rights, railroad commission
Dallas Morning News: Proposed RRC Changes Revive Eminent Domain Debat
Aljazeera: Texas Supreme Court Rolling Back Eminent Domain Authority