Category Archives: Pre-condemnation Access

Legal TREND. US Supreme Court Rejects Pipeline Quick Take Appeal. 3 Things this means for property rights?

Whats happening? Landowners whose property became a location for a FERC permitted pipeline that allowed for a quick take without compensation since the property was taken 2 years ago.

What does this denial of cert. mean?

  • Institute of Justice says we continue with the current system that “systematically disadvantages property owners whose land is taken for pipeline construction”
  • Law Nerds Say: 5 other circuits have said the same thing, this isn’t an issue for the Supreme Court
  • Industry says:…

Legal TREND. The Next Kelo: Build First, Pay Later Takings

What do I need to know: The US Supreme Court is considering a case concerning a Pennsylvania pipeline built by Transcontinental Gas Pipe Line Company (Transco) and landowners Gary and Michelle Erb

Why is this like Kelo? Its another case brought by the Institute for Justice on behalf of a landowner

Forbes | The Supreme Court Should End Pipeline Companies “Build First, Pay Later” Use Of Eminent Domain

Texas Polling. Eminent Domain Reform. What do I need to Know?

The Texas Farm Bureau poll on eminent domain reform support found:

  • 89% support financial penalties for low offers
  • 80% favor ” bad faith” penalties when offers are less than 1/2 of a property’s value
  • Party identity produced similar results
  •  ” broad consensus” that the process is often unfair

CenTexProud |  Survey: support for eminent domain reform

 

Legal TREND. Railroads and Eminent Domain in Texas.

Which side is singing praises of a court order? Opponents to high speed rail

What is the court order? A district court order states that two companies, concerning high speed rail, “are not a railroad or interurban electric company.” The order applies to 3 counties.

Why does this matter? The power to condemn property with eminent domain is derived from the status as a railroad.

Why does the power of eminent domain matter? In addition to land aquisition, it also allows the company onto land to…

Lege Trend. 2 Limits on Pre-condemnation Access in Texas

HB 1242 (TX | 2019) prohibits pre-condemnation access for high speed rail unless TXDOT determines that the entity seeking access is a railroad.

HB 1245 (TX | 2019) will grant:

  • landowners the ability to refuse pre-condemnation access
  • allow recoup of damages during surveying
  • landowners can negotiate terms of surveying

Lufkin Daily News | ASHBY: Legislative work begins in earnest

Lege Trend. 1 bill. Land Owner Compensation + Precondementation Access Limitations.

Virginia’s SB 1421 (VA | 2019) will:

  • Compensation. Require consideration of “everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.”
  • Permission to Enter…

Lege Trend. From the East. Compensating for Appraisal Costs +More

Virigina Senate passed SB 2403 (VA | 2019) that would allow for an award of just compensation plus costs in eminent domain proceedings.

What is the bill author saying?

  • “The pipeline companies should not get preferential treatment under our condemnation laws,”
  • “level the playing playing field”
  • This helps ” the landowner, the small business, or the farmer if a pipeline comes across their land.”

Virginia Mercury | Bill meant to level the playing field for pipeline takings passes Senate

Lege TREND. Quick Takes. Eminent Domain Just Compensation ACT.

Justin Amash (R-MI) filed the Eminent Domain Just Compensation ACT to prevent federal taking of land before final fair market value has been finalized.

So what would this impact?

  • potentially the amount of compensation for fair value determinations
  • when the land can be taken by the government
    • currently the land can be taken before a final determination of compensation
    • this bill requires a final determinationof compensation before the government can take possession (and presumably use) of…

Eminent Domain. Church Land. Texas Court Case. Pre-condemnation Access.

The land at issue: On the border with Mexico is owned by the Catholic Church

Where are we in the process? The Bishop denied access to the land for surveying.

The court case: federal district court in McAllen. The church is currently receiving legal assistance from Georgetown University Law School.

The issue: Does the church’s religious convictions trump any taking for a public purpose.

KVEO | Major Law School Helps Church Caufht in Border Wall’s Path