Category Archives: pipelines/common carriers

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

Legal Trend. Property Rights in Hunting Rights & Fishing Rights vs. pipeline environmental impact.

A judge in the District of Columbia ordered more environmental review of the Dakota Pipeline, including the impact a spill would have on hunting and fishing rights.

The specific hunting and fishing rights relate to rights reserved by the Standinf Rock Souix tribe  on Lake Oahe.

Governing | Tribune News Service | After Oil Starts Flowing, Judge Orders More Environmental Review for Dakota Pipeline

Lege Trend: Does Eminent Domain for Private Entities Meet Constitutional Standards? This Red State Wants to Know.

State: Nebraska

The legislative study:  • Does granting eminent domain authority to for-profit entities meet the constitutional requirement of a public use?

The legislation: Nebraksa State Senator Justin Wayne LR243 (2017) 

York News Time | Resolution would stipulate hearings on eminent domain issues

Eminent Domain Hearing in Nebraska Results in Threats of Civil Disobedience.

State & Pipeline: Keystone XL in Nebraska

What is the hearing about: Whether the pipeline can be granted eminent domain authority

What happened at the 10 hour hearing:

  • Allowing for eminent domain, according to private proeprty rights supporters  would result in protests that  “would make the mass protests that accompanied the Dakota Access Pipeline in North Dakota look like a “dress rehearsal.”

With how many of the landowners has the pipeline reached an agreement? 90% of the landowners have…

Business Trend. Hydrogen Superhighway Avoids Eminent Domain

How does this project seek to avoid eminent domain? The hydrogen superhighway proposed in Michigan will elevate the superhighway, limiting the need for access roads.

What will the superhighway carry?

  •  vehicles for public transit
  •  individual automobiles
  • standard ISO freight containers
  • an embedded hydrogen distribution pipeline system

Government Security News | Michigan company sees ‘Hydrogen Super Highway’ as the future of rail transportation

Eminent Domain Legal Case vs. Right to Carry. 2nd Amendment vs. 5th Amendment.

In competing constitutional rights, the Dakota Access pipeline protests, which have had violent moments, is placing the following security measures in place for the legal fight:

  • No guns
  • No knives
  • No video cameras
  • No signs, posters or banners larger than a standard sheet of paper
  • No  noisemakers
  • No backpack
  • No large bags
  • No containers and coolers

News Channel Nebraska | ‘Security Measures’ Planned for Pipeline Hearing

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

  • requires a 2 step permit process
    • Permit #1 is environmental and for the length of the entire pipeline
    • Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
  • the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill

How the Palmetto State Frames No Eminent Domain for Private Gain

What’s happening in South Carolina? The South Carolina Legislature is headed to restrict or limit eminent domain for pipelines.

This is how the Republican Chairman of the Substantive Committee is framing the issue:

  • “Regardless of what we do with eminent domain” (a ban or harder regulator standards)
  • “the pipeline companies can still negotiate with landowners”
  • “to purchase an easement or right of way, or buy the property outright” (pipelines have options)
  • “We are talking about private,…