Category Archives: transmission lines

2017. Just the Facts. SB 741.

SB 741 by Kolkhorst. Relating to compensation to a property owner for property acquired by an entity with eminent domain authority.

  • Adds royalties and profit sharing to what maybe considered compensation to a property owner
  • Allows negotiations concerning compensation to be admitted into evidence during eminent domain proceedings.

2017. Just the Facts. Kolkhorst. SB 740.

SB 740 Relating to the acquisition of property by an entity with eminent domain authority.

  • Requires disclosure of new appraisals within 10 days or 3 days before a special commissioners hearing
  • Allows a property owner to be awarded attorney fees if the amount awarded is 20% higher than the final offer
  • Defines a list of new requirements for the bona fide good faith offer such as:
    • easement details
    • right to damages from construction
  • Requiring that a condeming entity pay an award before an…

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…

No eminent domain for private gain. Cornhuskers target Energy.

A bill to allow for private sale of electricity in Nebraska also includes a laundry list of eminent domain prohibitions for all electric generators and distributors.

Nebraksa’s LB 660 would prohibit eminent domain for:

  • generation
  •  transmission
  • distribution

If that isn’t enough, a stand alone bill calling for no eminent domain for the electric industry also exists in LB 547

Omaha World Herald | Nebraska lawmakers introduce bills that would end public power companies’ monopoly, use of…

City Uses Eminent Domain Against Private Company. Electric Poles. 3 Bits Informed Intel.

The city: Hastings, Nebraksa

The target property to acquire: Utility poles owned by Windstream

The public purpose: Acquiring a secure the means of distributing electricity to the citizens of Hastings without relying on a 3rd party for repair

Hastings Tribune | Council approves eminent domain for utility pole ownership

Editorial Proposes No Eminent Domain for Exported Goods

In a laundry list of pipeline reforms, a newspaper recommends prohibiting eminent domain when the public good is in whole or part exported. 

The targets: Private companies with eminent domain authority like transmission lines & pipelines

The Recorder | Greenfield Massachustees | Lets Fix Pipeline Review Steps

Rural Land Use. Solar Farms. 4 Legal and Legislative issues.

  • Solar Leases vs. Mineral Rights. A lease could put a landwoner in conflict with mineral rights
  • Agricultural Tax Exemption Goes Bye Bye.  Solar farms do not qualify.
  • No Agriculture. Solar panels don’t allow for the same agricultural use of land that oil and gas and wind turbines allow.
  • No settled solar law. Oil and gas has 90 years of law and case law to settle disputes. Soalr is a new issue.

Texas Observer | A New Solar Rush Creates Legal Minefield for Landowners

Southern State. County Resolution. No Eminent Domain for Private Gain.

The State: Tennessee

The County Resolutions: Urge the State Legislature to prohibit eminent domain to benefit private projects

Is this bigger than banning eminent domain for private entities? yes, it calls for a prohibition on government use of eminent domain to benefit a private entity

Jefferson County TN Standard Bearer | Carmichael re-elected as chairman

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…

Campaign Trend. Eminent Domain. 3 Key Reforms Touted.

What eminent domain reforms are being touted by a campaign?

  • Deny eminent domain to private entities
  • Shift Burden of Proof from the land owner to the condeming entity
  • New Standard for Public Use:
    • ​a “purpose wholly for public use and necessity”
  • Good Faith Negotiations by condeming entities
  • Require a condemning entity to evaluate:
    • health and safety impacts of their project
    • weigh impact of alternatives to those requiring condemnation

Concord (NH) Patch | Rubens Proposes…