Category Archives: water

2 States Republican led Legislative and Regulatory Actions Kill Pipeline.

Which pipeline was scrapped citing legislative reasons? The Palmetto Pipeline set to run through South Carolina, Georgia and Florida

What caught the attention of the legislators and regulators? Whether a pipeline that traverses a state, without providing product to that state, can give the state a public benefit.

What was the action by the states on a legislative and regulatory level? Permits were denied & legislators paused the use of eminent domain by private entities so that the…

How one state representative's email impacts eminent domain for a water reservoir

Where did a state representative’s email cause a stir with a city council? Osceola Iowa

What did the representative say in this email? 

  • The state representative’s committee “has issues” with the reservoir
  • Raised a compromise of fixing 2 existing reservoirs in lieu of a new reservoir
  • The Rep. strongly opposes the use of eminent domain for the reservoir

Osceola Sentinel Tribune | Kaufmann email leaves city council rankled

Lege Trend: Give Local Government Authority to Use Eminent Domain to Buy Private Utilities

Loyal subscribers have seen this trend as towns in Montana and California have moved to purchase by eminent domain private water utilities that aren’t providing a cost effective service to its citizens.

But, now the trend shifts to the Legislature. Which state legislature is moving language that allows local governments to use eminent domain to buy private utilities? Florida

What motivated the legislator to move forward with this new eminent domain authority?

  • Constituents were ” being…

INTERIM. Property Rights. Water Rights. 3 Points from TX Farmers & 1 State Rep.

  • non-farmers calling rural landowners’ water rights a “gold mine” displeases farmers
  • compensation for taking water is not the solution
  • creating a water market is ” shortsighted and selfish”

“I look forward to working with my constituents and concerned citizens from all over the state to develop legislation that would promote the long-term welfare and prosperity of our communities, including exploring opportunities for conservation technologies to reduce demand and lessen our reliance on…

Comptroller's Eminent Domain Data Base Getting Attention

Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon. 

Wharton Journal Spectator | New law promotes transparency for eminent domain

Comptroller Eminent Domain Transparency Project

Private Property Rights. Trend: Water Agencies Compel Owners to Fix Pipes. 1 Local Gov. Solution. 1 Statewide Legislative Solution.

Utilities are targeting  private property owners pipes to:

  • repair old and leaky  pipes
  • to prevent  big problems like sinkholes and overflows of sewage into waterways
    • which leads to water plants treating more water than necessary, and driving up costs for ratepayers

Why are utilities targeting the pipes that are out of their control?

  • water utilities are struggling to reduce costs
  • utilities are having a hard time complying with federal clean water mandates

What programs have…

Deadline to Report Eminent Domain Power Fast Approaching. 5 Things to Know About Eminent Domain Transparency.

  • Online eminent domain database was created by SB 1812 (Kolkhorst & Geren)
  • All entities with eminent domain authority, public & private, can begin reporting on December 7th. The Form will be here. 
  • Deadline for reporting is February 1, 2016.
  • Comptroller recommends that entities with eminent domain authority designate one officer or employee as point of contact for current eminent domain information
  • 10 Pieces of Information will be online:
    • the entity’s full legal name;
    • the…

Golden State Supreme Court to Rule on Pre Condemnation Access. 3 Key Points & the Tie to Mexico Deregulated Market.

What’s the brouhaha? California Appellate Courts have split on how much pre condemnation access to property is permitted.

What’s the case awaiting oral argument in California? Property Reserve, Inc. v. Dep’t of Water Resources, No. S217738 Its about whether a water commission could enter lands for soil testing to further a water line.

Which way did the appellate court rule? The Court of Appeals sided with land owners that the pre-condemnation access was so extensive so as to trigger an…

Water Rights Meet Eminent Domain. Meet Farmers in Sooner State. 5 Points for You.

Farmers in Oklahoma are joining forces over the use of eminent domain to aquire water rights to allow for the sale of Oklahoma’s water. 

5 Points that will Make You the Expert.

  • Oklahoma sells water to Texas.
  • A grass roots group has emerged, Oklahomans for Responsible Water Policy
  • Grass Roots say farmers support granting eminent domain authority for water rights
  • Farmers say grass roots is wrong, that they are working for the best outcome for farmers 
  • How does this play in Texas? In…

Trend: Texas Groups Opposed to Eminent Domain by Private Entities. 3 Point Message with 3 Targets

The Texas Wildlife Association via the Hill Country Alliance raises the issue of private companies and eminent domain.

3 Points are stressed:

  • That eminent domain is traditionally only exercised by government officials
  • That eminent domain must have public accountability (elected officials only?)
  • That Texas grants too many entities eminent domain authority. Specifically:
    • gas or electric corporations
    • groundwater conservation districts
    • common carrier pipelines.

Hill Country Alliance…