A Public Private State Data Project + Eminent Domain?

Kentucky is wiring the state for internet with the aptly names- KentuckyWired project.

To wire bluegrass country, the state  Kentucky Communications Network Authority (KCNA)is overseeing the public private investment.

What eminent domain rumors are swirling in the bluegrass? That homes are being taken away.

How did Kentuckywired respond:

  • Simply not true.
  • Most of the projec ti son public land
  • 99% of landowners have agreed to easements that correspond with existing above ground cable,…

Campaign Trend. No Eminent Domain for Private Gain. Southern Edition.

A Virginia House of Delegates candidate has phrased her opposition to eminent domain as:

“protect individual property rights from eminent domain when it is to be used to benefit private corporations rather than the public.”

Augusta Free Press | Sierra Club endorses Michele Edwards in 20th District House race

3 Critiques of Texas Eminent Domain Notice Procedure from East Texas. Pipelines, Transmission Lines, & Cities Included.

An attorney colum in the Huntsville Item raises these concerns about the notice procedures for eminent domain in Texas:

  • The party pursuing eminent domain could have their lawsuit filed
  • A pre-selected  a group of hand picked special commissioners, whose duty it is to determine a value for the property
  • And the property owner could have no idea that eminent domain is progressing.

The column points to condeming entities bewing pipelines, transmission lines or local governments.

Huntsville Item…

Legal TREND. Utility Transmission Line Co. Must Own Real Property to Get Eminent Domain Authority.

Court: Illinois Supreme Court

The Case: ILLINOIS LANDOWNERS ALLIANCE, NFP, et al., Appellees, v. ILLINOIS  COMMERCE COMMISSION et al., Appellants. 

The Ruling: to be able to receive the power of eminent domain in Illinois, a utility must own real property, and the transmission line companies at issue do not own real property in Illinois. 

Is there a way for the project to move forward: Yes, if the comapnies move forward as private companies without the power of eminent domain

KWQC | IL…

Legal Trend. More Input on Grants of Eminent Domain Authority. Bigger Voice for Local Governments.

Missouri’s Western District Court of Appeals held that all counties along the Grain Belt Express, wind transmission line, must approve the project.

Appeal of this ruling has been declined by the state supreme court.

Missouri’s Public Service Commission relied on this ruling  to deny approval until all counties sign off on the plan & it is said to impact other transmission lines and Pipelines.

St. Louis Post Dispatch | Despite giving vocal support, state regulators again deny Grain Belt…

3 Reasons for No Eminent Domain for Private Gain from a Paper Dating to 1896.

The Wilson Times (Wilson, N.C.) likens eminent domain by a private corporation to trying to buy heirloom tomatoes at a grocer by tossing some coins on the floor. 

The Wilson Times sets out these 3 reasons opposing eminenbt domain by private companies:

  • When land men tell land owners that courts will rule in the corporation’s favor, that is an unauthorized practice of law by offering a legal opinion;
  • Companies reap profits forver from eminent domain while landowners have a lifetime of…

2 Show Me State Bills Restrict Utility Use of Eminent Domain.

The Missouri 2017 Bills: H.B. 640 and H.B. 795 

What the bills do:

  • restrict utility easements
  • limit eminent domain
  • require new projects to use existing easements
  • run any new routes along property boundary lines
  • requires agreement of 60% of landowners before using eminent

KTVO | Walker leads capitol rally on “Stop Eminent Domain Day”

Show Me State. Show Me Property Rights. 3 Points informed: intel

  • demand responsible routing of utilities along property lines, boundary lines or section lines
  • require minimized land damage
  • Limits the amount of PSI exerted on soil

What supporters say: “protects our property rights from those who would steal our land for their own profit.”

How does the bill apply? It applies to all condeming entities BUT only to agricultural land.

Missouri HB 640 (2017)

Southeast Missourian | Mo. Agricultural bills

State Law Prohibits Eminent Domain for Private Gain. How do Pipes and Lines get built?

The State: Pennsylvania

The eminent domain prohibition: no eminent domain for private enterprise, even if there is a public use

The pipeline project: An interstate liquid natural gas pipeline is subject to federal law that allows for eminent domain even when state law prohibits it

Penn Live | Second Sunoco pipeline possible in Cumberland County, landowner continues fight

2017. SB 742. Kolkhorst. Just the Facts.

SB 742 by Kolhorst.  Relating to requirements for a bona fide offer for the acquisition of property by an entity with eminent domain authority.

  • Requires easements to include more details on right of way, usage, size scope
  • Allows for damages related to the easement
  • Establishes 5 covenants:
    • securing the property owner’s land (locking gates etc)
    • maintaining the right of way
    • repair and restore land to the original condition or better than original condition
    • the owner shall be…