Welcome to the Future!
Trans Pecos is building the international pipeline through Big Bend and ranch lands. One of those ranches believes pipeline representatives entered to survey without permission. This trespass included sinking stakes into the land.
As a result of the pipeline trespass…an impending lawsuit. Its a case of landmen gone wild, threatening cease and desist orders against land owners.
A brewing legal dispute in Iowa highlights the momentum away from allowing eminent domain authority for pipelines, transmission lines, and other utilities that are privately owned.
An Iowa Attorney:
“The larger issue — what it really comes down to — is whether these guys have the power of eminent domain. this is not a utility, it is not public, it is not providing any necessary public service. A number of other cases have rejected such eminent domain arguments — the Bluegrass Pipeline…
Iowa- home the Presidential state fair and its fair share of pipelines. One Iowan expressed these views of the Ames Tribune:
“I see only corporate greed, trampling of private property rights and a threat to Iowa’s environment. Here’s my beef: show me the public good. “
His comments reflect tw growing eminent domain trends:
This week, Representative Isaac said,
“You don’t go on top of people’s property and steal their property. That’s theft, and I feel it is the same way with protecting private property rights if you are going to go under someone’s property and take their water.”
A 2015 bill by Rep. Isaac requires well owners in the part of Hays County that is protected by a conservation district to register those wells with regulators.
The California Supreme Court last August ruled that if a project gets enough signatures to put it on the ballot, a city council can approve it without going to voters and without a California Environmental Quality Act review.
It is a ruling that is like sugar plm fairies dancing in the dreams of retail developers.
A 200 acre retail development in Carlsbad is moving forward under this ruling, side stepping requirements of state environmental review and voters.
During the vetting process, the new Ferris City Manager was asked about his stance on high speed rail, bouyed by allusions of the use of eminent domain.
Ellis County Commissioners Court opposes the high speed rail plan, in part because of the impact on farm land and the use of eminent domain.
Sherman, the new city manager, said he will be too busy running the city to get into politics like high speed rail.
The use of eminent domain for private gain, or in other words, the use of eminent domain by private comapnies like pipelines or transmission lines is dominating state assembly races.
It’s not just Rs and Ds rebuking pipelines for different reasons. Rs support private property rights. Ds are exhibiting a greater concern for environmental issues.
But, it’s also Libertarians, who are actively and viably challenging Republicans.
Rural opposition to high speed rail in Texas has a champion in the organization, Texans Against High Speed Rail.
Opponents to High Speed Rail wants 2 wishes granted:
New Jersey has the State Farmland Preservation Project. Farms that are active in the project are armed with information including:
Eminent domain that benefits a private company could have new hurdles if federal legisaltion by Congressman Sensenbrenner passes.
Economic benefit to a private company from eminent domain would cost a state federal economic funds for 2 fiscal years after a court ruling that the federal law has been violated.