Category Archives: private company

4 Reasons Property Owners tout Trans Pecos Pipeline as the next Dakota Pipeline Standoff.

What’s the Trans Pecos Pipeline?  A West Texas pipeline that will deliver natural gas to Mexico & the pipeline cost will be paid by Mexico so it can power electricty plants

What characteristics of the Trans Pecos pipeline that draw parallels with the Dakota Pipeline protest?

  • Landowners talk about court awards in the millions that they won but that are unpaid.
    • The pipeline is appealing the awards.
  • Native Americans are getting involved to protest in Texas
  • The Texas land includes some…

TREND. Courts v. the Lege. Eminent Domain. High Speed Rail.

The competing timelines: 

  • Will the Texas Legislature prohibit eminent domain for high speed rail before the May 29th Sine Die?
  • Will the July 3rd Harris County trial on the issue have the final word?

The brewing issues:

  • Does the high speed rail project have eminent domain authority under Texas statutes?
  • If so, how should land owners and pre-condemantion access to the land work?
    • Sound familiar? It should, its the same issue that land owners in West Texas raised with the Trans-Pecos…

3 Points. Eminent Domain. Legislative Priority.

What entity lists eminent domain as a legislative priority? Empower Texas

What 3 points do they point to as requiring eminent domain reform:

  • Private gain from eminent domain– whether it be private entities using eminent domain authority or local officials benefitting developers
  • Public Use should be roads, water lines or electricity, & not high speed rail developlment
  • Amoritization is just as bad as eminent domain.
    • ​What is amoritization? Changing zoning rules to deprive property…

Business Trend. Land Use Regulations Meet Business Opportunity for Sharing Economy.

Where: Nashville, TN

The Business Rethinking Land Use, Parking Requirements & Transportation: Tri Star Sports & Entertainment Group

What did Tri Star Sports & Entertainment Group Leverage to be granted a variance from parking space requirements for its building epxansion?  The unanimous variance was granted for TriStar to partner with ride share to “pay monthly rates for the commutes for 23 employees, equal to the number of parking spaces” lost to the building expansion

Nashville…

City Uses Eminent Domain Against Private Company. Electric Poles. 3 Bits Informed Intel.

The city: Hastings, Nebraksa

The target property to acquire: Utility poles owned by Windstream

The public purpose: Acquiring a secure the means of distributing electricity to the citizens of Hastings without relying on a 3rd party for repair

Hastings Tribune | Council approves eminent domain for utility pole ownership

Legal Trend. No Eminent Domain for Private Companies. 3 Statements from a Judge.

The project denied eminent domain: An oil pipeline through rural Ohio

What were the judge’s objections?

  • The company pointed to a $237.3 Million economic boon and the court said economic development is not a reason for eminent domain
  • The pipeline provides no direct benefit or service to Ohioans.
  • The common carrier statute that applies to pipelines like this is an unconstitutional infringement on the property rights of Ohioans

Legal Trends in the Rust Belt meet Legislative Trends in the…

A train proposal leads lawmaker to end eminent domain for all private companies.

The train route:   The Great Lakes Basin Railroad

The homestate for legislators wanting to stop eminent domain for the train: Wisconsin

The method to stop the train: End eminent domain for all private entities

Northern Public Radio | Beloit-Area State Lawmakers Try To Stop A Train By Changing State Law

3 Recommendations for Eminent Domain Reform. Senate State Affairs.

Senate State Affairs Committee Interim Report offers the following recommendations for eminent domain reform:

  • Property Owner must be fairly compensated. Offers are often unfair, below market.
  • Property owners must be able to recover all or a portion of the costs that they incur
  • Amend the landowner bill of rights to:
    • clarify that some property may be included that the condemnor has no legal authority to condemn
    • offers should separate property that the condmenor wants to purchase and an…

Property Owner Says Silent Majority Supports Eminent Domain.

Who: A Virigina landowner, whose land could be impacted by a pipeline

Is doing what? Defending the pipeline. The landowner says that federal agencies, and not landowners, should determine whether a pipeline is a public benefit.

What elese does this landowner say about eminent domain? “without eminent domain, there is no civilization”

What do opponents say? “We are fighting against taking our property for profit.”

NBC 29 WVIR | Property Owner Defends Pipeline, Says He’s in ‘Silent…