Welcome to the Future!
An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:
The column points to condeming entities bewing pipelines, transmission lines or local governments.
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:
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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:
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).
Missouri’s Western District Court of Appeals held that all counties along the Grain Belt Express, wind transmission line, must approve the project.
Appeal of this ruling has been declined by the state supreme court.
Missouri’s Public Service Commission relied on this ruling to deny approval until all counties sign off on the plan & it is said to impact other transmission lines and Pipelines.
St. Louis Post Dispatch | Despite giving vocal support, state regulators again deny Grain Belt…
The Wisconsin County: Wood County, WI
What did Wood County Board of Supervisors do? Pass a resolution calling on the Legislature to prohibit a specific energy company from having the power of eminent domain
The Activists behind it: 80 Feet is Enough, who argue that the existing 80 feet of pipeline easement is enough, more land shouldn’t be taken
The Legislative goal: to give property owners the value of their land back
Wisconsin Public Radio | Wood County Passes Resolution To Keep Oil…
Lancaster County Pennsylvania is experiencing an uptick in eminent domain actions due to the Atlantic Sunrise gas pipeline.
The Lancaster News Press Editorial board editorial opposed to eminent domain for pipelines makes 3 points:
4 Native American tribes signed an agreement opposing eminent domain–the ability to buy your land.
While Native American soveriegnty is murky, it got a boost this week via a ruling from the 10th Circuit.
Where this will be most interesting will be when eminent domain is sought over lands held by or held in trust by native american tribes. That’s anthing from the Keystonr XL protests to the Native American lands between the Permian Basin and the Mexico border.
Private Property Rights activists in West Virginia are protesting the financial institution funding a pipeline project.
Represents a distinct change from protesting the pipeline company and affords more locations to protest.
Do you support “elected officials work[ing] to prevent and limit the use of eminent domain to take property rights from private landowners for use in oil and gas pipelines?”
That’s the question Whatcom County Council in Washington State wants to ask its residents in November.
KAFE 104.1 | Private property won’t get extra protection from eminent domain