Category Archives: private property rights

Eminent Domain is Needed. How to Stop Land Speculation in Eminent Domain.

A list of why eminent domain is necessary is not something that occurs with frequency. A law professor lists reasons why eminent domain is necessary in Detroit:

  • Eminent Domain worked in the past to build factories that still function
    • Look at the  GM Hamtramck Assembly Plant and the Chrysler Jefferson Avenue North Assembly Plant
    • Detroit has collected hundreds of millions of dollars of property and income tax revenue from the plants and their workers

Legal Trend Meets LegislativeTrend: Land Owners Challenge Constitutionality. Later Challenge Eminent Domain.

Providing great material for 2015 bills in Texas, The Nebraska Supreme Court, making reference to Denbury, issued an opinion on the constitutionality of a pipeline certification.  Read More: Information Intelligence 

The Court said we don’t like it, but that pesky super majority threshold to declare the statute unconstitutional isn’t …

Legal Trend: NE SCT Clears Way for Pipeline. Mentions Landowners Success in Denbury.

The landowners trying to stop Keystone XL in Nebraska were dealt a blow in the Friday, January 9th, ruling of the Nebraska Supreme Court. Landowners won a majority of the Court, but not  super majority. Highlights:

  • Pg. 38: the NE Court cites Denbury.
    • Writing: ” The Texas Supreme Court has addressed this issue in the context of pipeline carriers.150 It reversed a court of appeals’ decision that a property owner could not challenge a common carrier certification by a pu…

TPPF: Eminent Domain Recommendations 2015

TPPF’s legislative recommendations for eminent domain include:

  • Grant property owners the right to repurchase their property if the initial use of a property acquired from them through eminent domain is not the public use for which the property was acquired.
  • Ban the initial use of property acquired through eminent domain for any use other than the use for which it was acquired. 
  • Change all references to in…

Landowners Displeased by Being Labeled Willing Sellers

Landowners in the path of the Keystone XL pipeline, including those who have entered into easements, raise concerns about how landowners are labeled by condemning entities. The list of what not to say about landowners is:

  • Calling landowners “willing” misrepresents the facts 
  • Just because they entered into an easement doesn’t equal support for the project
  • Landowner fears of dangers related to pieplines increase over time 

Unhappy landowners publ…

Condemning Intangible Property

The Department of Transportation is condemning intangible property by amending it’s rules. Connecticut’s Department of Transportation is condemning bus routes used by private bus companies, because the state has a new bus plan to roll out. 

The private transportation companies have sued. The bus routes operate with a CCN from the Department of Transportation.

The first judge to hear this case said the Dept. of Transportation has proper authority to condemn this intangible p…

VT Governor Opposes Pipeline Use of Eminent Domain

In the perennial battle of how to simultaneously support landowners and economic prosperity, VT Governor supports a pipeline but goes to bat for landowners. The Governor asked the pipeline company to pause eminent domain legal proceedings and allow for negotiations.

Landowners want to be reimbursed for legal expenses they have incurred. The pipeline company initially said no, but now it says it is “definitely willing to consider reimbursement for legal expenses.”     Posted byadminPosted ineasement, pipelines/common carriers, private company, private property rights

Top 2014 Texas Court Cases: Texas Rice Land Partners v. Denbury Green Pipeline

Texas Rice Land Partners Ltd. v. the Denbury Green Pipeline-Texas has been a hot legal topic for years. The repurcussions have been: