A taking of private land by a private company for a pipeline results in no compensation from royalties, unlike a taking of property for solar or wind energy
Category Archives: pipelines/common carriers
Local TREND. County Resolution Calling for Statewide Eminent Domain Reform. Pipeline Edition
Where: Clark Co. Wisconsin
The resolution is in respopnse to: Enbridge Energy Company’s desire to increase oil capacity traveling through their pipeline system
The rational for changing eminent doamin laws for private companies:
- A taking of private land by a private company because property owners receive no royalties, unlike for solar or wind energy
- Taking property for pipelines greatly reduces property values and tax base
CWB Radio | Clark County Board of Supervisors Approves Resolution…
Eminent Domain is only for Elected Officials: Republican Governor
New Mexico Governor Susanna Martinez (R) says eminent domain authority is only for elected officials, not appointees (and no private entities).
Roswell Daily Record | Gov. Martinez defends air authority veto
Lege TREND. Extending ban on eminent domain for unregulated & deregulated private companies
In 2018, South Carolina legislators extended the ban on the use of eminent domain by private pipeline companies.
The ban continues until November 20,2020 while a panel makes recommendations whether whether unregulated utilities should have any of the eminent domain powers that regulated utilities have.
3 Points. Institute for Justice Against Pipelines and Eminent Domain. +1 Solution
Institute for Justice lays out these 3 points arguing eminent domain absue by pipelines:
- “FERC presides over a system that strips property owners of their rights without courts”
- FERC dawdles and property owners have access to courts blocked
- Pipelines can unfairly start cutting down trees even before state permits are granted, with an example from NY of 500 trees cut down on a family farm for a project that was never permitted
the Solution: real judicial review, in a court, before proepty is…
Lege TREND. How an eminent domain prohibition bill carved out utilities.
What use of eminent domain caused the legislation: A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land
What was the legislative response? Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018)
What does HB 2468 (PA | 2018) prohibits eminent domain for open space unless:
- a court grants permission because there is no other reasonable and prudent alternative
- its a utility exercizing…
LOCAL TREND. +1 Oil Country City Says No to Eminent Domain for Pipelines. 3 Key Points
The city calling for no eminent domain for a pipeline: Enid Oklahoma
What the City Manager says about eminent domain for the water pipeline? “We don’t even mention that word.”
Will eminent domain be mentioned to any landowner? NO
Enid News and Eagle | City officials: Eminent domain will not be used in pipeline project
Eminent Domain TREND. Sunsetting eminent domain for private gain. +1 Bill Signed by a Governor.
South Carolina Governor signed S1101 (2018) that extends the ban on eminent domain for private or publicly traded pipeline companies.
The ban on eminent domain was set to expire and has been extended to November 30, 2020.
Berkeley Independent | Lawmakers continue work on electric power reform
+1 State . Lege TREND. Trespassing on Critical Infrastructure like Pipelines. 3 Points from the Bill.
Louisiana Legislature is considering HB 727 (2018) that will:
- pipelines and the equipment and structures
- penalize trespassers with up to 5 years in jail
- creates a new crime of critical damage to critical infrastructure
- with up to 15 years jail time
- a convicted person can also be charged the cost of prosecution
Legal TREND. LNG Exports and Property Rights. 4 Key Points to Know Now for Legislation later.
What issue are legal property rights centers looking at? is there a public good, for eminent domain purposes, when the public that benefits from the exported good is Europe or China?
What does this have to do with eminent domain? Pipelines, such as those that feed a LNG Export Center, are often uilt with the use of the power of eminent domain.
To exercize eminent domain constitutionally there must be a public use/public purpose for the land
How are property rights legal exeperts looking to…