Welcome to the Future!
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…
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:
A growing sentiment in the Texas House is the Senate Liberty Caucus support of special purpose district bills that grant these districts the power of eminent domain. These districts can also levy taxes and assess fees.
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.
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.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain is now in print. 10 years after the epic eminent doamin case, we get…the book. Polls show 80… Robert Henneke, newly hired as the head of TPPF’s Center for the American Future, will belitigating government overreach and 10th amendment issues, including: It’s like a Texas version of Institute for Justice, the group of attorneys that represented Kelo in Kelo v. New London, the preeminent eminent domain case of the last 20 years. This week ISD Trustees voted to use the power of eminent domain to obtain 46 acres of undeveloped land to build a highschool. The ISD statement: “…we were unable to have successful negotiations. We are going about it in a professional manner. We have hired a top-flight appraiser and we are making a very fair offer.” The ISD streses that it only wants 6.7% of the landowners 677 acres.
Posted inlocal government trend, private property rights, school
To use eminent domain in Georgia, a pipeline company must have approval from the Governor and the Department of Transportation. In this case, a pipeline company wished to build a 210-mile pipeline to move gasoline and ethanol across Georgia to terminals near Augusta, Savannah and Jacksonville. For this pipeline, wishes and dreams did not come true. What stopped the pipeline from getting eminent domain? 17 states have passed laws concerning drones. The Feds say, who cares- we control air space, not the states. It’s the perennial states right fight. The International Association of Chiefs of Police says they have few tools to protect citizens from drones. The Wall Street Journal points us to a 1946 the US Supreme Court established that property owners have exclusive control of the area immediately above their land, which is estimated to be 83 feet.Post-Session Reading List: the Kelo Book is Finally Here! Check it Off Your Christmas List.
TPPF to Start Litigation Center to Litigate What Comes from Left Field.
Conroe ISD to Consider Eminent Domain for High School
Eminent Domain Denied to Pipeline.
Private Property Above. How much air do you own? Can you shoot down a drone?