Lege Trend Arrives in Texas: No Eminent Domain for Railroads

In Texas, The Senate Committee on Transportation approved SB 1601 which would deny eminent domain for high speed rail in Texas.

In Minnesota, all railroads may have their eminent domain authority revoked or curtailed by local government approval of projects. Opponents to a rail plan cite problems for emergency responders, increased train traffic, and lower property values in their desir…

Lege Trend: Limiting Eminent Domain for Electric Transmission

Missouri wants to block emiennt domain authority for Missouri electric transmission companies that do not contribute electricty to the regulated electric grid for the use of Missouians. 

To receive eminent doamin authority, the electric transmission compnay would have to demonstrate a need or benefit to Missouri.  Land woner groups, agricultural groups, and cattle groups support the bill.

Add it to the laundry list of new eminent domain regulations that reign in eminent dom…

Pipeline Protestors Arrested. Sue Company that had them arrested.

The Texas pipeline proptests over TransCanada Pipeline are enough for a movie. Here’s the story:

  • Landowners and others protested the Trans Texas Pipeline in Texas (and elsewhere)
  • 3 peaceful protestors were arrested 
  • the 3 peaceful protestors sued the Sheriff Department that arrested them & TransCanada
  • TransCanada seeks a dismissal alleging that there is no proof that TransCanada’s agents or employees aided abuse of force by the sheriff departm…

Legal Trend: No Talking About Eminent Domain. Eminent Domain is Fight Club.

The Institute of Justice is asking the US Supreme Court to reveiw a 4th Circuit Court of Appeals case that prohibits banners protesting the use of eminent domain. Why the hush-hush?

  • Central Radio had been in Norfolk for 80 years.
  • Norfolk Redevelopment and Housing Authority wanted its land and buildings for Old Dominion University
  • Central Radio put up a banner on its own property which read ” “50 years on this street/78 years in Norfolk/100 workers/Threatene…

Pre-Condemnation Access. Cannot Take it for Granted. NFIB Lawyers on the Case.

A California Appellate Court ruled that pre-condemantion access to private property did not include environmental and geological testing.

The land at issue was to be part of a multi-million dollar water delivery project , the Bay Delta Conservation Plan, to divert water from the Sacramento-San Joaquin Delta to Southern California. 

National Federation of Independent Business attorneys have filed an amicus brief supporting the landowner and encouraging the California Supreme…

Common Carrier Battle. Round 2000. Danbury Seeks Rehearing Over Court Loss. Countdown to Amendment Flurry.

This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st. 

Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications. 

This common carrier fight has spanned 7 years. This complex legal tale includes:

  • More than 7 years ago Jefferson County landowners James …

The No Eminent Domain for Economic Gain Bill

No Eminent Domain for Economic Gain is a very popular refrain for property rights supporters. It’s as popular as A/C is in August in Austin. 

In Nebraska it is a tag line for  LB473, which prevents the use of eminent domain by foreign owned pipelines.  Foreign owned pipelines would be permitted to negotiate for purchasing easements.  Many states are cracking down on the use of eminent domain by private entities. 

adminPosted inlegal trend, legislation trend, pipelines/common carriers, private company, private property rights

Impact of Pipelines & Power Lines to Ranch Lands

Texans love their private property rights. It’s a toss up who loves Texas private property rights more: Libertarians? Republicans? Ranchers? Cattlemen?Farmers ?Wild Life enthusiasts?

This month’s issue of The Cattleman looks at easements for pipelines and power lines. They run through pros and cons, and here they are:

Pros of Pipelines and Power Lines Running Through Pastures:

  • “don’…

Lege Trend: No Eminent Domain for CO2 Pipes

New Mexico State Representative Matthew McQueen, D-Galisteo offered legislation to ban the use of eminent domain by private companies operating pipelines that would carry CO2.  

This unique bill died in committee, but has sparked an activist movement that believes their property will be rezoned and their mortgages cancelled should a pipeline cross their land.

 Mountain View Telegraph<...

Lege Trend: Cornhusker State to Say NO to Eminent Domain for Private Companies

LB 473 would prevent eminent domain for private companies. It’s a direct response to the Keystone XL Pipeline ruckus in Nebraska that has seen protests and court rulings thus far blocking eminent domain.

More than 11,000 people have signed a petition supporting this bill for Bold Nebraska, a group opposed to eminent domain for private pipelines.