Lege Trend: Require % of Land Be Negotiated Before Eminent Domain Use

Targeting private entities that have the power of eminent domain, Iowa, wants to require projects to negotiate purchases with 75% of the private land involved in a project before eminent domain can be triggered.

The bill targets a pipeline project and a transmission line project. The pipeline has only been able to neogtiate 50% of the land acquisition while the transmission line has negotiated purcahse of 15% of its land acquisition.

adminPosted inlegislation trend, pipelines/common carriers, private company, private property rights, process & procedure, transmission lines

7 Minute Eminent Domain Bill

On a 92-3 vote, and within 7 minutes, the Iowa House passed an eminent domain bill that:

  • prohibits the use of eminent domain for personal profit
  • requires approval of a route before eminent domain can be used
  • 5 year land buy back provision if the land is not used within 5 years for its intended purpose

What has Iowans inflamed over eminent domain? A proposed drinking water pond by private developers, “greedy private developers.”  

Legal Trend: City to Use Eminent Domain to Acquire Private Water Company

Ojai California is using eminent domain to condemn the water utility that serves its community. Fed up by high water rates, the city opted for eminent domain.

Eminent Domain and the judicial system go hand in hand. The private company that operates the private water utility in Ojai, sued. The Second Court of Appeals sided with Ojai that eminent domain allows the taking of the utility so that the the utility can be operated by the local government. 

The Court went so far as …

Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.

Missouri is grappling with the Grain Belt Express Clean Line, a transmission line to move wind energy. The majority of county governments and land owners have not approved the transmission line.

Right now the transmission line is tied up in the Missouri version of the PUC, and the drama is rising.

Ralls County has become engaged in the statewide regulatory approval of the transmission line. The county went so far as to make clear that it has never consented to the the trans…

Pre-condemantion Access: 100 Landowners Block Pipeline Access. Pipeline Sues. Law Sides with Landowners?

In the West Virginia mountains, a fight is brewing between a pipeline and 100 landowners over access to land.

The pipelines say they need access to the land to comply with federal requirements. 

The landowners say that the access the pipeline wants exceeds what is allowed under West Virigina Law in at least 3 ways:

  • West Virginia code is limited to  examining, surveying, and laying out lands for easement
  • Only a governmental body may enter and bring mac…