12+ Texas Land Owners Lawsuits. Pecos Pipeline. 1st Pipeline of its Kind. What the Attorney Says.

What the land owner attorney says about the eminent domain lawsuits for the pipeline to Mexico :  

  • No one has ever used eminent domain to build a pipeline that only delivers oil and gas to Mexico.
  • The Railroad Commission does no investigation on whether the pipeline is a common carrier.

News West 9 | Pipeline company files eminent domain lawsuits against Big Bend landowners

 

 

 

INTERIM STUDY. Relocation Costs Primary Issue. South Dallas Water Sewer Project. Project Halted. Eminent Domain Practices Examined. The Key Informed Intel.

What public project does Dallas want to build? A draingage tunnel project

How long has the family lived on the land? 60+ years

What does the property owner say? Can she buy another piece of similar property to live? She says, no, she can’t. In her words: ““My house is paid for — been paid for,” said Freddie Baker, 86. “They’ve got to give me enough money to pay for whatever I want, and I’ve got to live better than I’m living. I ain’t giving away nothing.””

Did the…

Lege trend:No Eminent Domain for Transmission Lines Moves in Grain Belt. 3 Key Piece of Info. Read the Bill. Strategize Accordingly.

Which State Legislature passed this eminent domain ban through its house? Iowa

What does the eminent domain ban mean for transmission lines? to qualify for eminent domain, a transmission line developer would have to:

  • get in place right of way agreements with 75% of land owners
  • within 3 years 

Is this happening elsewhere? Yes, loyal subscribers will recall the same issues in Missouri and Arkansas with similar results

Utility Dive | Iowa House passes bill to toughen eminent domain…

Legal Trend: Denbury Back at Texas Supreme Court, 3 Key Pieces Informed Intel.

Friday’s Texas Supreme Court orders included accepting Denbury. They’re back like the Terminator and Poltergiest rolled into one.

  • Even though the order was granted on April1st, it is not an April Fools joke. 
  • In February 2015 the appellate court reversed the trial court that ruled in favor of Denbury pipeline.
  • What was the losing argument last year? That Denbury was a common carrier. The court looked at the low number of third parties that had contractual arrangments for the…

INTERIM. Trend: Border Wall Meets Eminent Domain. Meet the King of Spain. Meet the Texans.

Land along the border is largely privately held. To build a wall, private land has to be aquired by the government. Here’s one view:

Land transfered by the King of Spain was aquired to build the current partial border wall? Yes, land that had been held by the same family since the initital land grant from the King of Spain in 1767.

Surely the feds own some of the border lands? Yes, about 33% of the land is either federal or tribal lands

Where is most of the 67% of private land? TEXAS

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Private Property Rights: Drone Registrations. 2 Texas Companies.

Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)

What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service

How is industry using drones?  wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring

Houston Chronicle | First…

2 States Republican led Legislative and Regulatory Actions Kill Pipeline.

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…

INTERIM. TX Senate State Affairs. Compensation. Eminent Domain. 1 Way to End Low Ball Offers. 2 Supporting Arguments.

How to end low ball offers by Texas A&M Real Estate Center: make condemning entities pay attorney fees if the court award is x% higher than the initial offer.

Why make condemning entities pay legal fees?

  • Paraphrasing Senator Nelson- these are unfair transactions, these sellers are not willing sellers.
  • Paraphrasing TXDOT testimony- when we go to court, we usually have to pay 26% more for the property. 

Dallas Morning News | Here’s how to end ‘lowballing’ in eminent domain property…

3 Steps to Use Eminent Domain to Bypass Restrictive Covenants

How does a condeming entity bypass a covenent that restricts railways on their property? 

  • Get your company designated as a common carrier by the TCEQ
  • If you’re a quarry in Texas and need to move rocks, have a relationship with a nearby rail
  • Have the railway use common carrier status to condemn land to “overcome restrictive covenants jointly entered by 43 property owners”

Tah, dah… Eminent domain by a private company in 3 steps thwarts restrictive covenants by land owners.

San Antonio…

How one state representative's email impacts eminent domain for a water reservoir

Where did a state representative’s email cause a stir with a city council? Osceola Iowa

What did the representative say in this email? 

  • The state representative’s committee “has issues” with the reservoir
  • Raised a compromise of fixing 2 existing reservoirs in lieu of a new reservoir
  • The Rep. strongly opposes the use of eminent domain for the reservoir

Osceola Sentinel Tribune | Kaufmann email leaves city council rankled