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

What's ALEC saying about eminent domain and high speed rail?

ALEC on eminent domain for high speed rail:

“Of course, a great many public use transportation infrastructure projects ultimately need to use eminent domain to be able to reach completion. Specifically, railroads, including those in Texas, have long had to resort to eminent domain to provide a bene t to the public as have highways and other public infrastructure. And the truth is that trying to build a railroad (or highway) without some sort of eminent domain is nearly impossible. “

“Like the…

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

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation: 

  • heightens the public use standard
  • puts into state law a federal appraisal standard
  • limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

  • A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
  • What put them into court was whether the rail could have pre-condemantion access to the property to survey it
  • What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court. 

KBTX | Leon County landowner meets high speed rail…

What all was said after the TX Senate Eminent Domain Bill Package?

  • “Many [Senators] still consider the privately financed plan a boondoggle”

Austin Business Journal | Bills targeting Texas high-speed rail spark debate in Senate Transportation Committee

  • The bill prohibiting eminent domain for high speed rail has been sent to Local and Consent. 

Austin American Statesman | Bills stalling or stopping bullet train pass Texas Senate committee

  • Focused on the land owners experience. Including this quote from a member of the Board of Directors  of the  Texas and…

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

Lege Trend. Legislatures declaring certain projects are not public use.

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions:  No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized