TREND. 3 Reasons Supporting Banning Eminent Domain by Private Entities (Transmission Lines)

Who is saying this? Columbia Missourian Editorial Board & Kansas City Star Editorial Board

What reasons do they give to support the legislation that denies eminent domain to private transmission line entities?

  • companies “should negotiate fair agreements with property owners”
  • comapnies should not use the “threat of condemnation to browbeat property owners into accepting low-cost deals.”
  • eminent domain is for governments and should be used sparingly

MISSOURIAN | EDITORIAL: Lawmakers are right…

Lege TREND. Eminent Domain Comes with Higher Legal Liability for Using it

Recall all the headlines about California utilities going bankrupt because of liability for the wildfires? The liability is high because the utilities have strict liability

So legal mumbo jumbo, strict liability, aside the California utilities have strict liability because they have the power of eminent domain. 

Why the strict liability tied to eminent domain? The policy idea is that if the companies have the  power to take a person’s land they should be liable for the harm that is caused…

+1 State to Cut Eminent Domain for Utilities. No eminent domain for private gain.

Maine LD 271 (2019 | ME) would:

  • tie the use of eminent domain to only projects that offer relaible service
  • what does this mean? there must be a direct benefit to Mainers
  • if eminent domain increases profits, that cannot justify the eminent domain

Penobscot Bay Pilot | Sen. Miramant introduces bill to restrict use of eminent domain by utility companies

Lege TREND. Transmission Line Limitations. More State legislation. Talk to Each other more.

Kansas HB 2317 (2019 |KS) would require transmission companies to provide greater notice to property owners concerning:

  • equipment installation
  • requiring public engagement when large metal towns are installed

The new open communication legislative requirements between transmission companies and neighborhoods is only triggered in:

  • property within corporate limits of a city
  • if the city limits are at least 1⁄4 mile in length
  • and the lines are designed for the transfer of 69 kilovolts or more…

Private Property Rights. Drone Prohibition Over Rural Private Property Reform. Read the Bill + 5 Exceptions.

SB 304 (OK | 2019). would prohibit drones over rural lands by:

  • prohibiting drones flying lower than 400 feet over rural private property

5 enumerated exceptions for drones operated by:

  • state or federal government
  • law enforcement
  • utilities 
  • oil and gas companies
  • a commercial operation authorized by the Federal Aviation Administration

Landowners could provide access to universities operating weather drones.

Talequah Daily Press | Bill would limit drones

 Tulsa Public Radio | Measure Aims…

Lege TREND. Texas State Representative Eminent Domain Supports 3 Changes. Hello to you Pipelines & Transmission Lines

Texas State Representative Brad Buckley at his first townhall since the Leiglature convened made these points about eminent domain:

  • Stop companies from acquiring land with inadequate compensation
  • Disclose exactly what will be built
  • Disclose exactly what will be buried (Bonjour pipelines and transmission lines)

Kileen Daily Herald | Buckley holds first town hall since election to District 54 seat

Public Meetings for Private Eminent Domain. Transmission Lines v. Pipelines in Texas via Texas and Southwestern Cattle Raisers Association

In Texas transmission lines present a proposal to the Texas Public Utility Commission and pubic hearings occur.

In contrast, in Texas common carrier pipelines do not have similar requirements.

Texas and Southwestern Cattle Raisers Association are calling for greater transparency in eminent domain.

Morning Ag Clips | Public meetings on eminent domain a good start

Lege TREND. Constitutional Amendment Reigning in Eminent Domain + Adding Natural Gas + Utility Connections

North Carolina House Bill 3 (NC | 2019)  does 3 things:

  • removes public benefit from the Constitution and requires public use for eminent domain
  • clarifies that natural gas distribution facilities have eminent domain authority
  • clarifies that connecting customers to utilities is a pulic use