Lege Trend: One State Re-Writing Pipeline & Private Property laws. Pre Condemnation Access on the Chopping Block.

Where is this happening? Virginia

What sparked the change to how private property is treated by a pipeline? a controversial 2004 law that allowed precondemantion access to private property by the pipeline. Its led to landowner lawsuits and protests.

What legislative changes are being pushed? Requiring the pipeline to offer advanced notice and get owner consent to enter land

Roanoke Times | Lawmakers seek to scrap law on pipeline, property rights

3 Take Aways from Eminent Domain Experts Opposing Sweeping Constitutional Changes for Eminent Domain. Be Informed.

  • Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
  • Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
  • Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get…

Protestors Stop an Eminent Domain Public Meeting for a Pipeline

Where is this happening? Vermont

Why does this matter in Texas? Because 2015 saw emient domain protestors stop public meetings for transportation projects in Texas

Who is the opposition to eminent domain in VT? 98% of a VT Gas project has agreed-to sales for land, but 3 landowners have not come to an agreement with VT Gas.

What does the opposition want from the pipelines? Landowners and their supporters are calling on a shorter pipeline project & are concerned baout pipeline safety

…

Trend: Right and Left Talking Same Eminent DomainReforms in Iowa Elections. 3 Targets.

The usual suspects- Ted Cruz, Rand Paul, Rubio talk eminent domain reform on the campaign trail. Now Bernie Sanders has joined the fray by saying :

“Iowans shouldn’t have their land forcibly taken through eminent domain for use in the proposed Bakken oil pipeline.”

“”The idea of using the power of eminent domain to increase private profits does not make a lot of sense to me,” he said.”

Sounds just like the right’s – no private gain from eminent domain- mantra.

Des Moines Register…

Trend: Eminent Domain Reform. Private Entities Using Eminent Domain in Crosshairs.

South Carolina’s 2016 legislative session and eminent domain reform is on the list.

What group is targeting eminent domain by private entities? The Republican Caucus for the South Carolina House.

What reforms do South Carolina Republicans want?

  • tighten public use so that land “will never be diverted to private control”

Bluffton Today | What to expect in the next session

4 Reasons Midwestern Elected Officials Oppose Eminent Domain for Transmission Lines. Localizing Public Benefit.

State Rep. Grassley, grandson to US Senator Grassley, has 2 points to make to a clean energy line that wants to use eminent domain in Iowa:

  • The Iowa Utilities Board has told you 2 times that eminent domain cannot be separated from your permit application
  • If you don’t allow Iowans to plug in, you’re not a utility & therefore don’t deserve eminent domain powers
  • Missouri also denied your transmission line request (our numbers are growing)
  • We’re also watching your attempt to end run the…

Art as a Means to Stop Eminent Domain by Pipelines

Art to stop eminent domain, who came up with that? eco-artist Aviva Rahmani’s Blued Trees

What’s the goal of using art to stop eminent domain?  To prevent private corporations from gaining eminent domain for natural gas pipelines on private property

How will art stop eminent domain? 1990 Visual Artists Rights Acts (VARA) may provide extra protection to landowners

Cornell Daily Sun | Aviva Rahmani’s Blued Trees & the Fight Against Pipelines

 

Private Gain from Eminent Domain Sparks Documentary. Top 3 Concerns from Land Owners

A documentary about a pipeline that would start in Belton, South Carolina, run through Georgia and end in Jacksonville is in the works. The top 3 concerns that emerged from landowners are:

  • A private company using eminent domain to increase profits
  • The pipeline will run through 3 states in areas that are rural and aging, increasing the chance that fewer landowners will be financially able to hire attorneys
  • Land has been in some families for 100s of years.

WAGTV | Local documentary…

Deadline to Report Eminent Domain Power Fast Approaching. 5 Things to Know About Eminent Domain Transparency.

  • Online eminent domain database was created by SB 1812 (Kolkhorst & Geren)
  • All entities with eminent domain authority, public & private, can begin reporting on December 7th. The Form will be here. 
  • Deadline for reporting is February 1, 2016.
  • Comptroller recommends that entities with eminent domain authority designate one officer or employee as point of contact for current eminent domain information
  • 10 Pieces of Information will be online:
    • the entity’s full legal name;
    • the…