Category Archives: private company

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

Legal Trend. Company Withdraws Lawsuits to Continue Negotiations. 4 Key Points in Legal Strategy.

The Company: Texas Central Rail

The lawsuits: 12+ lawsuits concerning eminent domain, and specifically pre-condemnation access to the privately held land

The strategic advantage of withdrawing the laawsuits: amicable negotiations

The trend being emulated: Private companies promoting negotiations without eminent domain

Dallas Morning News | Bullet Train Developer Drops Lawsuits against Landowners (References the Schwertner bills, SB 626-629)

Construction Dive | TX bullet train developer…

Eminent Domain Debate 2017. Hollywood with an Assist on the Big Screen

Making the film festival circuit this spring- the Suzette Kelo story starring Oscar nominee Catherine Keener.

The all American elements of the plot:

  • Lady owns a little pink house
  • Big Pharma wants to expand
  • Eminent Domain is used to take the pink house
  • Lady fights her way to the Supreme Court & loses but changes eminent domain laws throughout the country.

A film about outsiders fighting the system… Raging against the machine.

Hollywood Reporter | ‘Little Pink House’: Film Review | Santa…

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…

Conservatives v. Conservatives. How an Eminent Domain Report Set the Stage for Cannibalism.

In December, informed:intel subscribers will recall a Texas Conservative Coalition report supporting existing eminent domain statutes & high speed rail from Houston to Dallas. 

The New Year brings, new conservative voices making 3 arguments against the report via Texas Tribune :

  • They should have been told. They’re members of your group. You hid this. 
  • The use of eminent domain by a private business (a haute conservative mantra)
  • Your document is unsigned and yet you imply that your…

2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

  • Is the amount of evidence required to be a common carrier reduced by this ruling?
  • Is the test set up by this ruling apply to more than just CO2 pipelines?
    • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

Pipelines. Eminent Domain. TXSCT clarification. 3 Points to be Conversant.

Is checking the box enough for the courts to say yes, pipeline, you have eminent domain? NO.

What do pipelines have to show in court? That there is a public use by meeting this standard:

  • “reasonable probability” that the pipeline would be used to transport gas
  • for “one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier.”

Did Denbury meet the new standard? Yes, by showing its existing contract with another entity to transport…