Legal TREND. Can a foreign entity have the power of eminent domain?

A fedceral appeals court will rule whether the power of eminent domain for a pipeline in Ohio. 

What do I need to know?

  • Nexus is a partnership that is partly foreign owned
  • While awaiting a court ruling, a local govenrment in the project’s path, approved a settlement on city lands, but the city legal counsel says the agreement is not elegibile for approval on a ballot
  • The city’s agreement does not impact the landowner lawsuit over the question of eminent domain authority

Akron Beacon Journal…

Legal Trend. Pre-condemnation Access. Landowners Need Opportunity to Negotiate via the flowering dogwood state. What you need to know:

Background: Atlantic Coast Pipeline contractors seek access to property to begin tree-cutting, Landowners are asking a court to prevent the tree cutting.

What court? US District Court Judge Terence Boyle, a George HW Bush appointee, in the Eastern District of North Carolina

The court sides with the landowners and said: 

  • landowners should have a reasonable opportunity to negotiate
  • the pipeline can use eminent domain

What pre-requisities on eminent domain use are detailed by the court to…

Lege Trend. New Eminent Domain for Animal Poop Pipelines. The bill does what?!

South Dakota’s House transportation Committee moved out HB 1184 (2018) that will move cow manure through new pipelines.

What’s the opposition to cow manure pipelines?

  • opposition rooted in the new grant of eminent domain authority
  • its expanding eminent domain to something that isn’t an utility & doens’t serve a public use

How would these poop pipelines work?

  • pipelines of animal manure from one farmer
  • would run through neighbors’ road ditches
  • to bring fertilizer to farmed fields

What do…

Eminent Domain Protests at the Super Bowl. Stadium Sponsor is the Target. Seriously. Who. What. Where.

Who: Opponents to the Dakota Access Pipeline from Iowa + Indigenous Iowans and others from across the Midwest

Why: to protest the four-state pipeline eminent domain

Where: Protesting eminent domain at the Super Bowl in Minneapolis at the US Bank Stadium.  U.S. Bank has a banking relationship with the pipeline company

Des Moines Register  | Iowa environmentalists heading to Super Bowl to protest Dakota Access pipeline

Legal TREND. Are Private Entities Using Eminent Domain Subject to Open Records?

A Louisiana Court ruled that  Public Records Laws Not Applicable To Private Pipeline Company.

Arguments for Open Records: If the entity performs a governmental role, like taking property, it should be subject to open records

The Court’s response— there is no basis for applying open records requirements in this matter.

Red River Radio | Judge Rules Public Records Laws Not Applicable To Private Pipeline Company

Legal Trend. Private Companies with Eminent Domain. Prepare yourself for the 2 new activist arguments.

If a private entity takes on a state function like eminent domain then…Activists in Lousiana, who are suing over the Bayou Bridge, want the energy companies that use eminent domain to be subject to the same rules the state is subject to, like open records laws.

Is a pipeline a public use? According to the activists/landowners a hospital is a public good, while a pipeline is described as:

  • “We’re not talking about something that’s for the public good. The only people that are going to get…

Lege Trend. 3 limits for eminent domain by a private company in this piece of legislation

Nebraska’s LB 1017  (2018) would require:

  • pipelines to prove by preponderance of the evidence that the pipeline is a public use & that just compensation was paid
  • include in the calculation of just compensation the economic benefit to the private company
  • Construction limitations including:
    • $100 Million performance bonds
    • A filed decommissioning plan for piepline removal at the end of the pipeline’s use

Lincoln Journal Star | Bob Krist bill would tighten requirements for pipeline…

Lege Trend. Oil & Gas Set Backs Lead to Initiative to Compensate Land Owners.

Where:  Colorado

What form is this compensation for private property owners taking? An initiative proposal

Why compensate private property becuse of oil and gas drilling set backs? The Colorado Farm Bureau proposed the initiative because drilling setbacks are causing farmrs to lose out on mineral interst royalties.

The Fence Post | Colorado Farm Bureau proposes initiative to protect private property rights

Local Trend. +1 Town Opposing Eminent Domain Use for Pipelines.

Add Monadnock, NH to the lsit of towns opposing eminent domain for pipelines in its area.

How did Monadnock get started on the no eminent domain resolution bandwagon? 2 years ago the town officially voted to oppose a natural gas pipeline

What action is it taking in 2018?  a petition warrant article that opposes pipelines and specifically opposes the use of eminent domain for pipelines

Monadnock, NH Ledger Transcript | Town may ban pipeline forever