North Dakota’s SB2344 (2019 | ND) would not permit compensation to landowners for salt water, natural gas, or CO2 recovery storage for the land owner.
KXNET | Landowners Group: Bill would take land rights away
Category Archives: water
Lege TREND. No Eminent domain for water rights.
Oklahoma HB1048 (2019 | OK) would exempt from eminent domain ground water rights.
News 9 | Bill To Protect Water Rights Passes In State Senate Committee
Eminent Domain TREND. Separate Eminent Domain. Water and Mineral Rights.
Legislation in Oklahoma would require separate approval by a land owner before groundwater rights can be taken when surface lands are taken by eminent domain.
Property Rights in Pore Space.
North Dakota’s SB 2344 (2019 |ND) will change how pore space is treated under the law.
What is pore space? The cavernous area beneath the surface that isn’t solid
How is pore space currently treated in North Dakota? It belongs to the surface owner, not the mineral owner
What does SB 2344 do?
- changes the definitions for surface ownership to include only solid areas, not cavernous air pockets, or pore space
- prohibits a surface owner from seeking compensation for pore space
What industries…
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
2019 Texas Legislature Eminent Domain Playing Field. Who is Where & What are all these Associations?
The 2 umbrella assocaitions in the bruhaha:
- Texans for Property Rights “dedicated to protecting property rights”
- Texas Farm Bureau
- Texas Assoc. of Realtors
- Texas Wildlife Association
- Texas & Southwestern Cattle Raisers Assoc.
- TWITTER (October 2016)
- Coalition for Critical Infrastructure ” help maintain Texas’ positive business climate and quality of life by addressing our growing need for roads and highways; oil, natural gas and water pipelines; electric transmission and…
Anatomy of a Bill that Sped up Water Project Development & Prohibited Eminent Domain
Florida’s SB10 (2017 |FL) did 2 things:
- prohibited the use of eminent domain &
- “mandated the construction of a reservoir south of Lake Okeechobee”
- “to reduce discharges to the St. Lucie and Caloosahatchee estuaries in an effort to quash the harmful blue-green algal blooms that have wreaked havoc on Florida waters in recent years”
This week, the results are clear, the reservoir is on target a pace faster than anticipated and no eminent domain is being used.
New Kid on the Block. Anatomy of a Rural Association. 9 Types of Members +2 Unexpected Issues
WHERE: Oklahoma
WHAT: New Oklahoma Rural Association
WHO are members of the ORA?
- energy
- agribusiness
- manufacturing
- financial services
- equipment
- utilities sectors
- including associations like: Farm Bureau, American Farmers and Ranchers, the Cattlemen’s Association
- corporations
- & landowners.
Additional Issues they will engage the Legislature on:
- education
- health care
The Oklahoman | New Oklahoma Lobbying Group to represent rural communities
Eminent Domain is only for Elected Officials: Republican Governor
New Mexico Governor Susanna Martinez (R) says eminent domain authority is only for elected officials, not appointees (and no private entities).
Roswell Daily Record | Gov. Martinez defends air authority veto
Lege TREND. How an eminent domain prohibition bill carved out utilities.
What use of eminent domain caused the legislation: A school disrict in Pennsylvania needed to expand and made an attempt to use eminent domain for open space land
What was the legislative response? Pennsylvnaia Legislature responded by enacting, and the Governo r signing, HB 2468 (PA | 2018)
What does HB 2468 (PA | 2018) prohibits eminent domain for open space unless:
- a court grants permission because there is no other reasonable and prudent alternative
- its a utility exercizing…