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A transmission line that was denied eminent domain in Arkansas, faces a second denial for the use of eminent domain because the transmission company cannot show need.
From the regulators:
” A Missouri Public Service Commission staff report found that while CLEP demonstrated abilities to …
South Carolina lawmakers tells us their emoinent domain laws are old- decades old. Back in the olden days lawmakers though of eminent domain as something for utilities and power companies, not pipelines.
Specifically, lawmakers never considered pipelines owned by private companies. Whereby private companies gain eminent domain.
The proposal would require oil and gas pipelines to gain approval from their version of the PUC and of TCEQ before being afforded the ability to us…
If there is no public use in Kentucky, then a common carrier isn’t afforded eminent domain to build a pipeline in Kentucky according to a Court of Appeals Panel last week.
This growing trend in eminent domain litigation- is the public use occuring within the govenrmental entity that is granting the power of eminent domain.
Over the last year, court rulings have impacted pipelines and transmission lines.
Posted ineasement, legal trend, pipelines/common carriers, private company, private property rights, public use or benefit, transmission lines
Its harder and harder to build insfrastructure in Texas. Tollroads, high speed rails, pipelines are greeted by protestors, private property rights activists, and lawsuits. The Midwest has responded with the Midwest Alliance for Insfrstructure Now. It is a coalition of: Iowa’s proposal to require condemning entities to negoitate agreements for 75% of the land it needs to aquire continues to move rapidly through the Iowa Legislature. It is expected to easily make it to the Governor’s desk for his signature. WNAX Targeting private entities that have the power of eminent domain, Iowa, wants to require projects to negotiate purchases with 75% of the private land involved in a project before eminent domain can be triggered. The bill targets a pipeline project and a transmission line project. The pipeline has only been able to neogtiate 50% of the land acquisition while the transmission line has negotiated purcahse of 15% of its land acquisition.
Posted inlegislation trend, pipelines/common carriers, private company, private property rights, process & procedure, transmission lines
States are changing statutes to require that the public benefit/public use for eminent domain occur within the state boundaries. Good news for local projects. Bad news for pipelines and transmission lines that only service out of state customers. “Paul joined most of the chorus of Republican candidates for governor in opposing eminent domain in the name of public utility for private companies.” Central Kentucky News Iowa joins the band wagon to prohibit eminent domain for private companies. Eminent Domain by a merchant, such as a pipeline who is moving a good to and from, would have a higher level of public use to meet. Blog for Iowa Missouri is grappling with the Grain Belt Express Clean Line, a transmission line to move wind energy. The majority of county governments and land owners have not approved the transmission line. Right now the transmission line is tied up in the Missouri version of the PUC, and the drama is rising. Ralls County has become engaged in the statewide regulatory approval of the transmission line. The county went so far as to make clear that it has never consented to the the trans…How are Interests in Other States Battling Private Property Rights Groups?
Require 75% of Land to Be Acquired by Negotiation Before Eminent Domain Authority is Granted
Lege Trend: Require % of Land Be Negotiated Before Eminent Domain Use
Trend: Where is the Public Benefit Occurring?
Rand Paul on Eminent Domain. Not Good New for Private Companies.
Lege Trend & Legal Trend Collide: No Eminent Domain for Private Gain
Transmission Lines Incite Eminent Domain Fears. County Denied & Retracts Consent.