Welcome to the Future!
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:
The California legislature has provided several mechanisms to build stadiums more quickly. One of these tools is to allow for eminent domain before environmental studies are completed.
The City of Sacramento and the Sacramento Kings have won 2 court cases upholding their ability to move quickly to build the new stadium.
This week, Sen. Kolkhorst’s SB 474 , received a hearing in Senate State Affairs. To commemorate the occasion, TPPF released a paper supporting her bill.
TPPF offers 4 Key Points on why reimbursing property owners for fees and costs of eminent domain litigation is good public policy:
In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier. Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power.
The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma…
When eminent domain negotiations fail, the parties move to court. But, what happens when a court sides with a landowner and awards substantially more for their property?
If SB 474 passes, a land owner that prevails with an award that is 10% higher than the last negotiated offer can have their attorney fees paid by the condeming entity.
It’s loser pay for eminent domain and applies to…
TPPF’s legislative recommendations for eminent domain include:
The South San Joaquin Irrigation District was granted approval to enter the retail electric market. South San Joaquin has its eyes on acquiring PG&E’s transmission lines, transformers and poles.
South San Joaquin co-owns hydroelectric damns. It’s not new to electric world. PG&E wants $600 million for its infrastructure. South San Joaquin wants to pay $125 million.
The two sides are far apart in compensation. Since South San Joaquin has the authority to use eminent…
Private property rights proponents say the RRC common carrier rules do not go far enough to protect private proeprty rights. 10 years ago, maybe this wouldn’t be a big deal. But, there’s an oil and gas boom in a state that has 97% of its land privately owned. If a private company wants to build a pipeline to move the oil and gas; it’s going to have to deal with private landowners.
Property rights proponents say the common carrier rules are:
This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights.
Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [
Posted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission
In 2011 Dallas began eminent domain proceedings. By 2013 a special commissioners hearing had not been scheduled & land owners grew weary. So, the landowners asked a court to dismiss. 18 months is a long time to wait. The trial court agreed. On Tuesday an appeals court reinstated the eminent domain case for jurisdictional reasons. Looks like fodder to forthcoming legislation.
Posted inprocess & procedure
Tuesday a TX Appeals Court Revived a City of Dallas Eminent Domain Case for Want of Jurisdiction