Category Archives: public use or benefit

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

  • requires a 2 step permit process
    • Permit #1 is environmental and for the length of the entire pipeline
    • Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
  • the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill

Lege Trend. Legislatures declaring certain projects are not public use.

Maine Public Utilities Commission’s staff is urging a statewide ruling that underground storing og liquified natural gas is not in the public interest.

The impact of these types of actions:  No eminent domain authority.

Maine Public Radio | Proposals to Store Natural Gas Criticized

 

5 Bills + 5 Companion Bills. Eminent Domain Reform for Rail Only.

A legislator coalition joined forces to limit eminent domain for high speed rail. Who is involved?

  • Senators Birdwell, Creighton,  Kolkhorst, Perry, & Schwertner
  • Representatives Ashby, Bell, Cook, Schubert, and Wray 

Which eminent domain issues are being addressed?

  • Pre-condementation Access to Property. SB 973 by Creighton/HB 2168 by Bell (Railroad Determination Before Surveys) – prohibits a high-speed rail entity from entering private property to conduct a survey unless the Texas Department…

Property Rights Group Applauds SB 740 SB 741 and SB 742. Just the Facts.

3 Reasons why Texans for Property Rights support Senator Kolkhorst’s eminent domain bills:

  • Expand upon progress made in landmark 2011 eminent domain legislation
  • Senator Kokhorst worked with the group and says the bills “…give[s] all landowners the new tools and safeguards they need to protect their land from eminent domain abuse”
  • The Cattle Raisers say “Property owners continue to be at a huge disadvantage when navigating the condemnation process and these proposed reforms are a great step…

Peach State. Allow Repurchase Faster. 4 Key Points.

How long does a person have to wait to purchase property taken by eminent domain in Georgia? The proeprty  must have been put to public use for 20 years

What repurchase proposal is being considered? Immediate purchase of property tken by eminent domain for blight

What group will be most impacted by this change? minority communities

What alternative city action could mitigate this state law change?  Stronger locla code enforcement

FOX 28 | Eminent domain amendment proposal to tackle…

Just the Facts. SB 626. The Eminent Domain Package via Senator Schwertner.

SB 626

  • The author list: Schwertner | Birdwell | Burton | Creighton | Hall | Huffines | Huffman | Kolkhorst | Nichols | Seliger | Zaffirini
  • What it does: Requires a separate offer for any property “not reasonably necessary to complete the public use” 
  • What’s the hook? The land in this additional offer wouldn’t otherwise trigger eminent domain 

 

Tarheels work new eminent domain grant- to connect customers. 3 Points to Know + read the bill.

North Carolina Legislature is considering HB 10 which would extend the authority of eminent domain by allowing it to connect customers. The bill’s language:

“Connection of Customers. – For the public use, private condemnors, local public condemnors, and other public condemnors in subsections (a), (b), (b1), and (c) of this section shall possess the power of eminent domain and may acquire by purchase, gift, or condemnation any property for the connection of any customer or customers.”

At the…

Hoosiers Raise Stakes for Eminent Domain by Railroads. Read the Bill. Plan your Offense. Plan your Defense.

The state: Indiana

The new eminent domain threshold proposed for railroads: Require railroads in Indiana to meet the same public use standard of local governmental entities as opposed to public use being met because land is condemned by a railroad.

Indiana House Bill 1260 (2017)

Nothwest Indiana | Lawmakers eye higher standards for railroad use of eminent domain

 

2 Landowner Concerns After the latest Denbury/Texas Rice Ruling.

  • Is the amount of evidence required to be a common carrier reduced by this ruling?
  • Is the test set up by this ruling apply to more than just CO2 pipelines?
    • The test: a reasonable probability must exist that the pipeline will at some point after construction serve the public by transporting gas for one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier

Texas Agriculture Law Blog | Texas A&M Agrilife | Texas Supreme Court Issues…

Pipelines. Eminent Domain. TXSCT clarification. 3 Points to be Conversant.

Is checking the box enough for the courts to say yes, pipeline, you have eminent domain? NO.

What do pipelines have to show in court? That there is a public use by meeting this standard:

  • “reasonable probability” that the pipeline would be used to transport gas
  • for “one or more customers who will either retain ownership of their gas or sell it to parties other than the carrier.”

Did Denbury meet the new standard? Yes, by showing its existing contract with another entity to transport…