AG Opinion from the Palmetto State: No eminent domain for oil & gas

In a long attorney general opinion, relying on case law from Nevada to Florida, the attorney general of South Carolina has issued an opinion that an oil and gas pipeline in all likelihood does not get the privilege of eminent domain.

The opinion discusses South Carolina Courts, and other courts, striking down eminent domain for private companies. 

Its a trend that has been sweeping the nation from courts to legislatures. Everyone is looking for a public use connected to the land that is being taken.

South Carolina Attorney General Opinion (Kinder Morgan Pipeline and Power of Eminent Domain)

Eminent Domain Reform = Lost Revenue? Negative Economic Impacts? No, No & No.

The Institute for Justice reviewed eminent domain reforms to protect private proeprty rights enacted after Kelo and found none of the doomsday messages.

  • Revenues were not harmed by eminent domain reform.
  • Jobs did not disapear.
  • Development did not cease.

According to this reasearch, the world does not end, regardless of how strong the private property reforms are.

Institute for Justice

Empower Texas Turns to Property Rights

Empower Texas is highlighting Houstonian barry Klien, founder of Houston Property Rights Association. In 1992, he founded Houston Property Rights Association to fight against zoning in Houston. Houston Property Rights Association has been active since.

Empower Texas highlights that “Because of his work, the Property Rights Foundation of America called him, “one of the most respected property rights activists in the nation.” With Klein’s tireless efforts and wealth of knowledge, he is changing local government a little every day.”

Empower Texas

Private Property Rights: End Forced Annexation. 3 Reasons Why from TPPF.

  • For 100 years Texas has permitted forced annexation
  • Texas should stop this practice and stand for limited government and conservative policy
  • City governments should not be allowed to trample property rights.

TPPF says these 2015 bills would have helped:

  •  HB2221 which died on a point of order
  •  SB 1639 which never made it out of House Committee.

TPPF

 

 

Inverse Condemnation Requires Causation. Especially, if Whooping Cranes & River Authorities are involved.

The US Supreme Court let stand a 5th Circuit ruling in favor of TCEQ. Guadalupe Blanco River Authority had sued saying a TCEQ action caused the death of a bunch of whooping cranes. 

GBRA was trying to show a regulatory taking of property, which means something of value had to be taken (whooping cranes) and it was the fault of the government (TCEQ). 

In this case, not so much proof of a regulatory taking according to the courts. A win for TCEQ. A loss for lovers of whooping cranes.

GBRA Press Release

 

160 Year Old Property Rights at Heart of Lawsuit

Say you own property near a Native American reservation. Say you have to use a county road to reach your property, but the county road runs through tribal lands. Does the soveriegn authority of the tribe override your property rights to an easement that you have enjoyed?

Time will tell. Tribes in New Mexico are cutting off access to county roads that traverse tribal lands. Some non-tribal lands, that are wholly surrounded by tribal lands, may have no access to and from their land. 

Sovereign Authority of tribes v. Private Property Rights

Courthouse News

Regulators Block Eminent Domain for Transmission Line

The trend that keeps on growing: regulators denying eminent domain authority for private entities.

In this case, Missouri regulators denied eminent domain authority for an electricity transmission line that would run through Missouri but would supply electricity to the benefit of Kansas. 

From St. Louis Post-Dispatch:

“The Missouri Public Service Commission’s 3-2 vote to deny the Grain Belt Express project’s route stalls the entire line, which already won approval from Kansas and Indiana.”

Status Check: Water Utility Seized by Eminent Domain

The ongoing Montana eminent domain fight for Missoula to take its private water utility by eminent domain has reach a new milestone. The global equity interest holder of the water utility has filed an appeal. Missoulian

The same happended recently inTexas. The year, 2014. The case,  Zachry v. Port of Houston. A global equity interest, named Zurich, stepped in to offer an opinion that sided with Zachry.  Will government contracts and eminent domain end up in court more often because of debt and equity holders? 

 

6,000+ entities in Texas with eminent domain authority

Way back when SB 18 passed in 2009, it required governmental & private entities with eminent domain authority to report to the Comptroller. They did, and more than 6,000 said, yes, we have the power to take private property.

This year that number will grow by at least the 150 or so special purpose districts that were created and granted eminent domain authority. 

Entities with Eminent Domain Authority Comptroller Database