Cattlemen Sieze Trend: Public Use Standard has run amuck

Other states have reigned in eminent domain authority by denying eminent domain when there is no public use. Their actions have been via court action, legislation, and regulatory denial of permitting. 

The classic example has become a pipeline or transmission line that does not provide service or use to any part of the state through which it passes. 

Joining the legislative trend to reign in eminent domain standard of public use. President of the Cattle Raisers writes,”In my opinion, the current structure for determining what is truly public use is highly questionable, and I do not believe a private company should have the authority to use eminent domain just because they believe they meet the qualifications for public use. There must be a thorough and transparent process for making these critical decisions to take someone’s property.”  Cattlemen’s Column 

Sounds a lot like the growing rally cry- no eminent domain for private gain.

 

Watch out Presidential Contenders: Eminent Domain Becoming a Campaign Issue in Iowa

A former elected official is vowing to defeat incumbents in different districts if eminent domain overhaul isn’t finalized. The target: no eminent domain for private gain. 

Iowa is quickly moving forward to make it considerably more challenging for a private comapny to exercise eminent domain. 

“Use of eminent domain also deepens the feelings of landowners and others “who feel the average person’s freedom and liberty doesn’t matter anymore and that big corporations with political connections and deep pockets can simply waltz in and confiscate someone’s land,” he said.”    Globe Gazette 

 

Regulatory Trend: Show Me State Poised to Say No to Eminent Domain for Transmission Line

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 finance and build the project, it had not “established the need.” That is the basis of the opposing commissioners’ decision.”

From landowner’s perspective: 

“[The] Grain Belt Express “does not merit certification” because neither its purpose nor its potential benefits to Missourians “justify the authorization to exercise eminent domain power,” asserted the Missouri Farm Bureau. ” 

Utility Dive

Lege Trend: Palmetto State Saying No Eminent Domain for Pipes

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 use eminent domain authority. 

South Carolina is mirroring the Georgia approach for eminent domain use by pipes. Recently, the Georgia agency refused eminent domain for a pipeline project.

North Augusta Star

Legal Trend: Settlement Offer with Conditions is Not Reasonable (Fair in Texas terms)

After a San Francisco trial court determined that an offer for land was reasonable, the First District Court of Appeal said not so fast, trial court judge and here’s why:

  • a landowners cannot reasonably reply on an offer that is contingent
  • Especially when those contingencies are future apprval by indepedent agencies and boards

SF Gate

5 Concerns about Texas Central Railway From the Cattle Raisers

The Texas Central Railway survived the – no eminent doamin for you- chopping block. An attempt had been made in House Bill 1 to remove the railway’s ability to qualify for eminent domain. Ft. Worth Star Telegram

The President of the Texas and Southwestern Cattle Raisers Association explains 5 reasons they oppose the Railway:

  • Primarily funded by Japenese sources with uncertain long-term financial security.
  • Will require over 3,000 acres of right-of-way for the railway.
  • Harmful impact to private property in 11 counties. (Dallas, Ellis, Freestone, Grimes, Harris, Leon, Limestone, Madison, Montgomery, Navarro & Waller). Prime Cattle Land.
  • Negatively affect grazing and moving cattle, transporting equipment and the ability to continue to efficiently and effectively use property.
  • The use of eminent doamin by a private company to sieze private land for a public use.

    Gilmer Mirror

Eminent Domain: Where the Libertarians, Conservatives & Left Align

On the 10th anniversary of the 2005 U.S. Supreme Court decision Kelo, there’s a new focus on how the transfer of land harms the poor. 

The Washington Post, Volokh Conspiracy, features a heavily edited quote from the NAACP, post-Kelo: 

“As Hilary Shelton of the NAACP put it in testimony before the Senate Judiciary Committee, “allowing municipalities to pursue eminent domain for private economic development [has] … a disparate impact on African Americans and other minorities….”

Washington Post | Volokh Conspiracy  Real Clear Policy 

Just Compensation for Gas Stations & Car Washes Facing Eminent Domain

Find an appraiser that can:

  • Address value based on cash flow potential, not price per square foot that you would typically see with a commercial property
  • Look for appraisers with experience in special use properties

Retail Petroleum Consultants, Condemnation: Appraising Gas Stations and Car Washes, How to Ensure Just Compensation for Business and Goodwill

California Eminent Domain Report

 

 

Landowner Files Suit Against Pipeline: No Public Benefit for Interstate Pipeline

An Arkansas Landowner alleges that there is no public benefit to Arkansas for a pipleine from Oklahoma to Tennessee.  Further, the only benefit is to the private company building the pipeline.

Growing case law supports this position throughout the country to deny common carrier status to interstate transportation of oil, gas, and electricity. 

Arkansas Business