4 Ways a Legal Trend Pushed an Activism Movement that Forever Empowered Land Owners Against Pipelines.

  • Eminent Domain. Kelo. Lives. Limited Partnerships in pipeline development are still uneasy about access to land via eminent domain
  • Texas Rice Land Partners v. Denbury case empowered landowners to challenge pipelines
  • Legal Process means “significant legal costs and project delays”
  • Ted Cruz the face of Texas politics is no longer business conservatives but is a firebrand

Trib Talk  Bracewell & Giuliani | Obstacles to pipeline development highlight Texas’ conservative split

Update to No Eminent Domain for Power Lines Legislative Trend. Counter Punch with Economic Boon.

To counter Arkansas’ Congressmen opposition to the Plains & Eastern Clean Line transmission line, which would run through Arkansas but not provide electricity in Arkansas, an economic study was released.

Who authored the economic study?  the Center for Business and Economic Research at UA’s Sam M. Walton College of Business

What economic boon for Arkansas did the report show?

  • 30 month construction period
    • $182 million in labor income
    • $664 in economic output
    • 693 indirect and…

One State Treats Natural Gas Pipes Differently than Petroleum Pipelines. One needs Willing Buyers. The Other– not so Much.

In the 1990s, Georgia wants to protect wealthy quail plantation owners from a new oil pipeline, so it passed new laws related only to oil pipelines.

What does an oil pipeline have to do that a natural gas pipeline doesn’t have to do for eminent domain approval? A pipeline that carries gasoline, diesel and ethanol must:

  • Get Georgia DOT approval and
  • Be approved by Georgia’s Environmental Protection Division 

Has this been a hurdle? yes, it has stopped a pipeline by Kinder Morgan. The…

Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…

Lege trend: Limit Eminent Domain in Power Line Issues

What bill wants to limit eminent domain power in power line cases? Congressmen Boozman & Womack each filed the Assuring Private Property Rights Over Vast Access to Land, or APPROVAL, Act, which would rewrite Section 1222 of the 2005 Energy Policy Act

What is it they want to limit? Federal government eminent domain authority in power line construction.

Why do they want to limit federal eminent domain power? They want to shift leverage to the states in interstate power line…

Lege Trend: Public Use Moves to Public Necessity for Private Companies.

No eminent domain for private gain has been echoing around the country. What happened this week:

The Legislature raising public use standard: South Carolina

The Problem that sparked the legislation: A controversial pipeline that upset property owners but the company behind it said eminent domain would be used for about 1% of the project.

The Legislation :“A private pipeline company would have to show the line is a public necessity — meaning it’s vital to the welfare of the people…

No Eminent Domain Use unless Employer Stays| UPDATE to City to Use Eminent Domain to Retain an Employer

On Friday, Ocotber 23, 2015 St. Louis aldermen voted to approve eminent domain to retain a geospatial “spy agency” in St. Louis. 

  • In a vote of 19-5, they voted to use eminent domain against 19 properties
  • The city won’t use eminent domain unless it is chose for the $1.6 Billion development for the “spy agency”

St.Louis Post-Dispatch | Eminent domain gets the OK so St. Louis can try to keep spy agency

What city is trying to retain an employer by using eminent domain?

St. Louis may lose…

40+ Anti-Eminent Domain Petitions. 4 most popular eminent domain topics.

Move-On.org, home to online petitions, has 44 eminent domain petitions, the overwhelming majority oppose development.

The most popular anti-eminent domain sentiments:

  • No eminent domain for private gain (AKA no eminent domain for private companies)
  • Stop Pipelines
  • Stop Electricity Lines
  • Stop eminent domain for underwatr mortgages 

New Hampshire. Pipeline. Eminent Domain Protests.

What’s happening in new Hampshire? The key early voting Presidential state is expereiencing protests against a pipeline.

What’s the Republican govenror saying? The Governor has not taken a position.

What are Republicans saying? Opposed to the taking of private land.

Are there othere issues that contribute to the protests? Yes, environmentalists are concerned about conservation land that the pipeline will traverse.

Union Leader | Pipeline opponents give governor an earful at…

2 National Eminent Domain Trends Arrive in Texas. Texas Farmers First to the Punch.

Farmers in West Texas aren’t pleased with pipelines that are being built to bring product to and from Mexico. The farmers focus on 2 national trends:

  • No Eminent Domain for Private Gain Mantra Arrives in Texas. “Eminent domain – I always thought was meant to be for the good of the people, for the benefit of the people. In this case, the only thing it’s for is the greed of the company.”

 

  • Big legal trend requiring that the public use or benefit accrue in the state permitting eminent…