VT Governor Opposes Pipeline Use of Eminent Domain

In the perennial battle of how to simultaneously support landowners and economic prosperity, VT Governor supports a pipeline but goes to bat for landowners. The Governor asked the pipeline company to pause eminent domain legal proceedings and allow for negotiations.

Landowners want to be reimbursed for legal expenses they have incurred. The pipeline company initially said no, but now it says it is “definitely willing to consider reimbursement for legal expenses.”    VT Digger

HB 565: Revoking Eminent Domain Authority

In 2014, a private tollroad coporation proposed new toll roads in North Texas. Town halls were held. Fire Marshalls shut them down as too many people turned out against new toll roads. City  councils in the proposed toll areas passed resolutions opposing the plans to use eminent domain. 

Toll road opponents and private property rights supporters united.  

The 2015 Legislature will consider HB 565, which  will stop private toll authorities from exercising eminent domain. HB 565

TX Rice Partners v. Denbury: A history lesson.

6 years of litigation and we might see the first jury trial. Here’s what happened:

  • Denbury wanted to build a pipeline.  It needed land. Landowners and Denbury were unable to come to an agreement. Eminent Domain proceedings ensued. 
  • Trial Court: Denbury is a common carrier with eminent domain authority.
  • Appellate Court: Yes, common carrier. Yes, eminent domain. 
  • TX Supreme Court: Not a common carrier. No eminent domain. Here’s what we say establishes a common carrier. Appellate Court, you listen to arguments again.
  • December 18, 2014 Oral Arguments before the Appellate Court in Beaumont. 

Southeast Texas Record

Here’s what happened as a result of the litigation:

  • 2013 Texas Legislature tries to pass HB 2748. it dies on a point of order. Private property rights are a very big deal to Texans and they let their politicians know that. 
  • Summer 2014 Texas Railroad Commission uses rulemaking to clarify common carrier rules. Private property rights supporters remain displeased. 
  • 2015: Inevitable legislative fight. Private Property Rights are sacred in Texas. Like football. 

Eminent Domain makes Must Watch Energy Issue for 2015

Austin Business Journal lists eminent domain, especially in relation to pipelines, as a must watch legislative issue for 2015. 

Information Intelligence subscribers know that the hot legislative topicis broader. It’s any private company that has the power of eminent domain that triggers higher & hotter legislative scrutiny.

This includes private toll authorities, transmissions lines, and pipelines at a minimum.  Austin Business Journal 

 

Eminent Domain to Acquire an NFL Team?

The Green Bay Packers are the only professional franchise to be municipally owned.

Municipal acquisition of sports franchises is not an entirely new concept, Oakland considered eminent domain when the Raiders attempted to leave.

According to Stanford economist, Roger Noll,  “whether eminent domain would work probably varies from state to state and from judge to judge.”

 Even the threat of eminent domain could have an impact on professional sport franchise ownership negotiations for facilities.  Vice

El Paso Management District Prohibited from Using Eminent Domain Authority

Management Districts are controlled by the cities in which they operate and by the statutes that created the districts. The dual level of oversight means that while state law may grant a management district the power of eminent domain, a city may restrict a management district’s use of eminent domain.  

Such is the case in El Paso. Chapter 505 of the Government Code grants the Monticello Management district the power of eminent domain. The City Council of El Paso has prohibited the district’s ability to use eminent domain. KVIA

Top 2014 Texas Court Cases: Texas Rice Land Partners v. Denbury Green Pipeline

Texas Rice Land Partners Ltd. v. the Denbury Green Pipeline-Texas has been a hot legal topic for years. The repurcussions have been:

  • a 6+ year  lawsuit, which may be on a path back to a jury trial
  • 2013 legislation that was a hot target for points of order
  • 2014 rule making that is a hot target for legislative action by private property advocates
  • 2015 legislation is inevitable.                             Southeast Texas Record 

 

Land Use AG Opinion: Annexation by Consent? Maybe.

AG Opinion GA- 1096 

Question Posed: Whether  municipalities must  meet the population requirement in section 43.121 of the Local Government Code to annex property under section 43.129.   

Opinion Summary: “Without further guidance from the courts or the Legislature, it is not possible to reliably predict whether a court would require a municipality to meet the 225,000 population requirement in subsection 43.12l(a) of the Local Government Code in order to annex for limited purposes by consent under the authority granted by section 43.129.”