State Lege Kills Transmission Line Eminent Domain. Congress Acts to Remove Funding. 3 Key arguments. Know the other side like you know yourself.

What transmission line is this state & federal legislative re-write concerning? The  Plains and Eastern Clean Line high-voltage transmission, a clean energy line traversing Arkansas, Missouri & other central states 

What caused the hoopla? Missouri & Arkansas chimed in when the transmission line sought eminent domain but wasn’t providing power within each state.

What are the arguments bandied about?

  • Tangible public use. Congressman Cotton is ok with eminent domain, if the…

Lege TREND. Eminent Domain Expansion. Special Districts.

Which state is considering expanding the use of eminent domain? California

Why the push to expand eminetn domain use? To clean up blighted buildings through special districts called Enhanced Infrastructure Financing Districts

What do these Enhanced Infrastructure Financing Districts​ do with eminent domain? Combat urban blight with urban renewal projects

What does California Assembly Bill 2492 do? Expands the number of local governments that can access Enhanced infrastructure…

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

 

 

 

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…

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…

Eminent Domain at heart of a FERC Denial. Lawyers Read the Tea Leaves. 3 Points Informed Intel.

Which FERC denial triggered a lawyer brainstorming session?  The denial of “Jordan Cove Energy Project, L.P. (Jordan Cove) for authority under Section 3 of the Natural Gas Act (NGA) to site, construct, and operate a facility at Coos Bay, Oregon, for the exportation, principally to Asia, of liquefied natural gas (LNG)”

What eminent domain issue to the lawyers point to? “the pipeline proposal’s impact on landowners and communities given the Pacific Connector’s need for eminent…

Eminent Domain. Police Station. Blight. 3 Reasons Property Owners Opposed Eminent Domain.

Kansas City needed a new police station & crime lab in a historically black neighborhood. 

 

3 Reasons why property owners opposed eminent domain for an otherwise nobel purpose:

  • The residents were restoring their historic homes & felt blindsided
  • Eminent domain is a scary process for property owners
  • Previous eminent domain projects had promised economic prosperity for the area & that never came to fruition

 

Know your opposition, like you know yourself.

The Atlantic | Photographing…

1 Pipeline = 2 States Stop Eminent Domain via Legislation + 1 Court Also says No to Eminent Domain.

A pipeline that will traverse South Carolina & Georgia has the 2 states pushing legislation to reign in eminent domain. Let’s look:

The South Carolina bill package will:

  • Establish a 5 year moratorium on pipeline eminent domain use
  • Create a Commission to study eminent domain & make recommendation about pipeline use of eminent domain

The Georgia bill will:

  • eminent domain moratorium until July 2017
  • commission to study the process for awarding private companies eminent domain…

12 Eminent Domain Lawsuits. 1 Pecos Pipeline. 3 Bits Informed Intel.

What issues are land owners raising in the 12 pending eminent domain lawsuits for the Trans Pecos pipeline?

  • Whether the petitions for eminent domain are valid
  • Whether there is a proper public use (can there be a public use in Texas if Texas is not a recipient of any of the goods in the pipeline?)

Is this pipeline using eminent domain like every other pipeline in Texas using eminent domain? No, no one has ever built a pipeline like Trans Pecos with the purpose of selling natural gas to…

Lege Trend: Adding Requirements to Pre-condemnation Access for Private Companies Using Eminent Domain. Bonjour: Oil, Gas, Electric…

Which state is putting in new requirements for pre-condemnation surveying access for private companies that have eminent domain authority? West Virginia

What are the new requirements for pre-condemantion access? To receive pre-condemantion access to private property, the condeming entity must:

  • send a letter via certified mail
  • the letter must be sent 15-to-60 days before the date of the survey

What sparked this bill? A court stopped precondemnation access for surveyors because public…