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The trend that keeps on growing: regulators denying eminent domain authority for private entities.
In this case, Missouri regulators denied eminent domain authority for an electricity transmission line that would run through Missouri but would supply electricity to the benefit of Kansas.
From St. Louis Post-Dispatch:
“The Missouri Public Service Commission’s 3-2 vote to deny the Grain Belt Express project’s route stalls the entire line, which already won approval from Kansas and…
Eminent domain may be used by Jersey Village against 16 businesses and institutions so that the Village can relocate water and sewer.
Earlier this month, Denbury appealed the most recent appellate decision in its case aginst Texas Rice Land Partners. Denbury argues that the Court of Appeals did not follow the Texas Supreme Court’s test for common carrier, estbalished by this lengthy legal saga.
Denbury goes on to argue that the TX Supreme Court has new common carrier issues it needs to look at too. Such as- Is there common carrier status in §2.105 of the Texas Business Organizations Code?
Common Carrier: …
A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.
From the regulators:
” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …
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?
Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX
On Thursday, May 7th, Senate State Affairs is hearing HB 2536. Its a fascinating new front in eminent domain legislation granting free reign to condemning entities in Harris County.
This bill will allow a condemning entity to unilaterally select the court for eminent domain proceedings. Wouldn’t we all love the power to unilaterally select the best court? the best line at the gas sta…
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.
Posted inlegislation trend, pipelines/common carriers, private company, private property rights, process & procedure, transmission lines
Say you’re a property owner having your property taken by eminent domain. You file suit to protect your property from eminent domain, and then the condemning entity files motion after motion as an exuberant party. You pay your attorney to reply to each motion. What happens when attorney fees are due to an overzealous litigant that is a condemning entity? The Florida Supreme Court will rule on when attorney fees can be awarded for fees related to an overzealous, litigating c… A headline to make make condemining entities cringe. In 2006, Trenton took property by eminent domain. In 2011, Trenton and the property owners reached a settlement and city council approved the pay out. However, funds were never paid to the property owners.Attorney Fees When the Condemning Entity Over-Litigates
Condemning Entity Fails to Pay Property Owner