TREND. Elected Official Opposes Project Using Eminent Domain by Private Entity. Who. What. Where.

The elected official: U.S. Sen. Jeff Merkley (D-WA)

The project: Pacific Connector Gas Pipeline

What are the facts aroudn the pipeline?

  • a private foreign company may use eminent domain
  • to take American citizens’ private properties
  • to export Canadian gas to Asia

Oregon Live | Op-Ed by Landowners | Blocking eminent domain for private gain: Guest opinion

Anatomy of a pro-eminent domain campaign. Inside the Mind of a Pipeline Campaign in the East. 3 Messaging Takeaways.

The pipeline location:  Virginia

The pipeline campaign background on messaging tactics on eminent domain:

  • eminent domain is “the fight to come”
  • politicians have  “no electoral reward for political courage.”
  • must work harder after the election of President Trump as the opposition is more aggressive

What was the pipeline response when the campaign materials were inadvertently placed on its website:

  •  it is how it must conduct business at a time when everything is politicized
  • The…

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

Eminent Domain for Pipelines & Energy Projects : Bringing the Right & The Left Together

How is eminent domain bringing together “gun toting conservatives” & “liberal envrionmentalists”? Eminent Domain use for pipelines

Tell me where this is happening…? In Virgina & North Carolina with opposition to the Atlantic Coast Pipeline, which is set to bring natural gas from West Virginia, Pennsylvania, and Ohio to electric power plants in Virginia and North Carolina

(it also happened in Keystone XL)

Duke University  | The Chronicle | They’ll be singing Kumbaya

 

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…

Legal TREND. Utility Transmission Line Co. Must Own Real Property to Get Eminent Domain Authority.

Court: Illinois Supreme Court

The Case: ILLINOIS LANDOWNERS ALLIANCE, NFP, et al., Appellees, v. ILLINOIS  COMMERCE COMMISSION et al., Appellants. 

The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois. 

Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain

KWQC | IL…

+1 Lawsuit. Legal Trend. Landowners Sue. Pipelines a Public Use? + 4 State Reactions

Add another federal lawsuit to the list of whether pipelines consistite a public use that triggers eminent domain for private entities.

The new lawsuit is in U.S. District Court for the Western District of Virginia.

4 States have expereinced different reactions ont he same topic- pipelines & eminent domain:

  • South Carolina and Georgia have restricted the use of eminent domain for oil pipelines
  • Ohio and Iowa have ahad a fair share of legal challenges concerning property takings for pipelines.
  • …

Legal Trend. Constitutionality of Eminent Domain for Pipelines. Denbury Meets Federal Courts. 3 Bits informed:intel to watch.

In a nod to the Denbury case, land owners across the east coast are suing FERC in federal court over whether pipelines have a public use that justifies eminent domain authority.

What to watch:

  • Will the court set a new test for what qualifies for public use by a pipeline?
  • Will this test be set forth by the court to apply to all private entities that have eminent domain authority?
  • How far reaching will the federal court decision be?

Roanoake Times | Landowners ask federal court to intervene…

Constitutional Showdown. Court to decide whether eminent domain or freedom of religion trumps

A group of nuns in Pennsylvania own land that the Atlantic Sunrise Pipeline would like to occupy.

The nuns have taken the unusual step of suing the federal government claiming that the interstate natural gas pipeline violates their rights under the Religious Freedom Restoration Act.

Its a show down between the 5th Amendment (private property rights home) and the 1st amendment (protection of freedom of religious exercise).

 

Judge Awards Atlantic Sunrise Pipeline Builder Rights to Seize Last…