Category Archives: pipelines/common carriers

Campaign TREND. Anatomy of a Eminent Domain and Pipelines in a Congressional Open Seat. Who.Where. What.

Who: Lewis (D) and Cline (R)

Where: Virginia’s open Congressional District 6 being vacated by a (R).

What eminent domain views?

  • The D opposes both eminent domain and raises concerns about pipeline safety
  • The R supports Pipelines but wants federal legislation that:
    • limits the use of eminent domain to projects that “would be necessary for the government to provide an essential service.”
    • offers more publiuc input in the pipeline permitting process

WSLS | News 10| What you need to know…

Campaign TREND. Buzzwords supporting eminent domain reform.

A West Virigina Congressional race features opposition to eminent domain for a pipeline with messaging that

  • shows conservatives and liberals agree in their opposition
  • the public sees no benefit when their land is taken for a pipeline
  • the public sees no benefit when, gasp!, the gas moves overseas

When is eminent domain permissible to the candidates?

  • “clear and strong public benefit”
  • no revolving door from oila nd gas agency oversight to oil and gas industry work

WVTF | 9th Congressional…

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

3 Reasons. Change of Heart. Colorado Eminent Domain Proposition from Oil and Gas + Farm Bureau.

The Colorado Gazette did a 180 on its position on the “private property rights” constitutional amendment 74, prop. 101, supported by the Farm Bureau and oil & gas interests.

The proposition question: “Shall there be an amendment to the Colorado constitution requiring the government to award just compensation to owners of private property when a government law or regulation reduces the fair market value of the property?”

Why the 180?

  • too broad that it threatens property rights
  • costly to…

TREND. Reform Eminent Domain. Save the Economy. Editorial.

A Colorado Editorial on propsoition, Amendment 74, calls for passage to save the economy, for these 3 reasons:

  • must do everything to protect property rights, or investors will not trust to invest
  • it will end activists and politicians from atacking property rights
  • no one should lose a private investment without compensation. Amendment 74 fixes this.

The Gazette | EDITORIAL: Pass Amendment 74 and save the economy

REFRESHING OUR RECOLLECTION ON AMENDMENT 74:

4 Reasons Colorado’s Eminent…

3 Problems with Eminent Domain in Texas. Hello 2019 Legislative Session.

Texas and Southwestern Cattle Raisers Association’s Opinion: Texas landowners subsidize pipelines and powerlines says this happens in 3 ways:

  • profits often outweigh the rights of landowners with some pipelines & transmission lines
    • agents may pocket any money budgeted that isn’t paid to land owners
    • disincentivizes fair offers to landowners
  • Intimidation. The team of lawyers of pipelines and transmission line companies
  • adequate offers are essential so landowners are treated like partners…

Legal Trend. Pre-condemnation Taking. Pipelines. 2 Reasons Libertarians Side with Land Owners. WHO. WHAT. WHERE. IMPACT.

WHO: The libertarian Niskanen Center

WHAT: Libertarians, supporting landowners over a FERC permitted pipeline in a dispute over pre-condemnation access, offer these 2 reasons for siding with Landowners over economics:

  • DUE PROCESS FOR LANDOWNERS “No court has ever held that property owners can be forced to wait indefinitely for the constitutionally-required hearing on the taking of their land, and this Court should not be the first,”
  • FERCs approval process violates landowners’ constitutional…

New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues

WHERE: Oklahoma

WHAT: New Oklahoma Rural Association

WHO are members of the ORA?

  • energy
  • agribusiness
  • manufacturing
  • financial services
  • equipment
  • utilities sectors
  • including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
  • corporations
  • &  landowners.

Additional Issues they will engage the Legislature on:

  •  education
  • health care

The Oklahoman | New Oklahoma Lobbying Group to represent rural communities

Activist TREND. 100 mile marches against pipeline. 3 Things Protestors Are Saying.

Where:  Iowa

The group organizing the eminent domain protest: The First Nation-Farmer Climate Unity March, organized by the environmental advocacy groups Bold Iowa and Indigenous Iowa,

Pipeline being protested:  Dakota Access Pipeline 

Protestors Say the Pipeline will:

  • A pipeline break will contaminate water
  • A pipeline break will affect generations nby soil contaminations
  • Eminent Domain Abuse should be stopped

Des Moines Register | These Iowans are walking nearly 100 miles to protest the…

8 Property Rights Points from Rural Land Owners. Pipelines from Permian Basin to the Texas Gulf.

A lawyer representing rural landowners writes:

  • Private for-profit companies are given the government’s power to take private property under assumptions that this is good, common good
  • Are we rubber stamping common good projects for public use/benefit?
  • Why are we taking land before the process is approved by the courts?
  • We need to look at the costs and benefits of eminent domain
  • What happens to old pipelines and how does this get factored into the costs and benefits?
  • Landowners are in an…