Safety + Eminent Domain = Lege Trend: No Eminent Domain for Dangerous Products in a Pipeline

Kentucky Legislature is debating whether to permit a proposed repurposing of an existing natural gas pipeline. The debate has brought to light 70 year old easements.

Clearly thoughts have changed in 70 years. The safety of the types of fluids that traverse the pipes, plus recent safety issues are weighing on legislators.

Here’s what one Kentucky legislator said publicly:

“I say that there should not be a legal argument that you have the right to take someone’s property to put a…

UPDATE Trump, the Widow, Eminent Domain, CATO & Washington Post

Once upon a time, Trump sought to use eminent domain against a widow’s home to obtain land to build a limo parking lot. Today the story is on the front of the Washington Post Style Section.

CATO: Donald Trump, Eminent Domain, and the Widow’s House

Washington Post: The time Donald Trump’s empire took on a stubborn widow — and lost

 

Information Intelligence Ausgust 27, 2015:

CATO, the libertarian leaning think tank, sounding the horn on Donald Trump and his reliance on eminent…

Texas Citizens Link Harm to Private Properties from Economic Development.

Bloomberg: The Tiny Town that Hates Elon Musk

Background: Boca Chica, with its 26 residents, is home to Space X launch site. Space X has a safety plan for launch days:

  • The Safety Plan limits the town residents movements on launch days.
    • Texans don’t love being told what to do, when to do it. They’re an independent lot.
  • SpaceX’ will be sweeping the beach with drones and video surveillance.
    • Texans love private property rights and don’t love drones spying on them.

What the residents…

Vista Regional Water Plan is the New Trans Texas Corridor

An Elgin community meeting about the Vista Regional Water Plan was laser focused on eminent domain. The citizen comments abou the Vista water pipleine to move water to San Antonio :

  • “The hyper growth pattern planned is similar to California’s”
  • “This meeting is about eminent domain. When plans began for the Trans-Texas Corridor, the eminent domain issues began.”
  • References to the Spanish company building the pipeline, like the Spanish company that was the focus of the Trans Texas…

Advertising for Eminent Domain Protestors

Pipeline protesting proliferates the Northern Plains. The most recent rally cry is a purchase of billboard ad space along the proposed route of a pipeline. 

Dakota Rural Action purchased the billboards to get citizens engaged.  The determination whether to award eminent domain to the common carrier in the permitting process.

Considering the string of recent denials of eminent domain authority to private entities, like a pipeline, in the last few months, the billboard ad buy is a smart…

CATO, Koch & The Trump Campaign. Eminent Domain. Issue Teed Up for Next Presidential Debate.

CATO, the libertarian leaning think tank, sounding the horn on Donald Trump and his reliance on eminent domain.

The juicy bits:

  • “But no one seems to have brought up a bullying business practice he’s particularly fond of: eminent domain.”
  • Trump benefits “from the coercive power of the state to kick innocent Americans out of their homes.”
  • “Conservatives were especially outraged by this assault on property rights. Not Donald Trump, though. He told Neil Cavuto on Fox News: “I happen to…

Eminent Domain Propels Candidate to Enter Race

Mississippi State Senator Mike Seymour entered the race for his seat due to his opposition to eminent domain and China…. In his words:

“”The thing that separates us from Russia and China and all is our property rights. I understand eminent domain for transportation and stuff like that but when it comes to economic development, it shouldn’t be the government taking your property and selling it to another entity to generate more tax revenue. That’s not America. It’s something that…

Rand Paul Attacks Donald Trump on Eminent Domain. The new primary test- private property rights. No eminent domain for private gain mantra readied.

Rand Paul vows to focus on private property rights and eminent domain abuses to show why Trump is not in line with Republican primary voters. 

What things are we going to hear?

  • Rand Paul supports private property rights and opposes Kelo
  • Donald Trump loves Kelo
  • Donald Trump is a property rights abuser
  • Kelo is crony capitalism that favors big business
  • no eminent domain for private gain.

Reason     Breitbart  CBS News

Landowners Opposition Coalesces against Trans Pecos Pipeline. 6 Points from Texas Monthly.

He said/She said/They Said abounds with the TransPecos pipeline. Its like a love triangle with the drama of a telenovela:

  • Trans Pecos says it has precondemnation access agreements with 95% of landowners in the path of Trans Pecos pipeline route
  • Landowners say even if landowners allow access for surveying, it doesn’t mean that they support having their land taken. In fact, some still oppose the pipeline.
  • Texas Monthly says opposition to the pipeline has been centered in Marfa, Alpine,…