Watch out Presidential Contenders: Eminent Domain Becoming a Campaign Issue in Iowa

A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain. 

Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain. 

“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with pol…

Regulatory Trend: Show Me State Poised to Say No to Eminent Domain for Transmission Line

A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.

From the regulators:

” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …

Lege Trend: Palmetto State Saying No Eminent Domain for Pipes

South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines. 

Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.

The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…

5 Concerns about Texas Central Railway From the Cattle Raisers

The Texas Central Railway survived the – no eminent doamin for you- chopping block. An attempt had been made in House Bill 1 to remove the railway’s ability to qualify for eminent domain. Ft. Worth Star Telegram

The President of the Texas and Southwestern Cattle Raisers Association explains 5 reasons they oppose the Railway:

  • Primarily funded by Japenese sources with uncertain long-term fi…

Landowner Files Suit Against Pipeline: No Public Benefit for Interstate Pipeline

An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee.  Further, the only benefit is to the private company building the pipeline.

Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity. 

Arkansas Busin…

Rapidly Growing Legal Trend Wins Over Kentucky Court : Common Carriers NO Eminent Domain Power

If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.

This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.

Over the last year, court rulings have impacted pipelines and transmission lines.

adminPosted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines

Require 75% of Land to Be Acquired by Negotiation Before Eminent Domain Authority is Granted

Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX

Eminent Domain Fight Leads to Strong Early Voter Turn Out. 1000s more vote early in TRWDB Election.

Strong early voting numbers in Tarrant Regional Water Development Board races, which have been spurred by an eminent domain dispute.

At the end of early voting 11,292 early ballots were cast. An additional 5,840 ballots were cast by mail. In contrast, the 2013 numbers were 8,143 early walk-in votes and 4,015 mail-in ballots. 

Ft Worth Business Press