MAY AND JUNE 2016
EMINENT DOMAIN ISSUES
Cape Coral land owner fighting city
over eminent domain
Wink News Adam Wright AdamWINKNews June 3, 2016
CAPE CORAL, Florida I feel like I am being bullied. I feel like I
got a bunch of gangsters trying to club me over the head and steal my property,
that is what I feel like, Bunch said. Continue reading at http://www.winknews.com/2016/06/03/cape-coral-land-owner-fighting-city-over-eminent-domain/
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WV Supreme Court rules woman should
have had trial over land in Yeager project
Charleston Gazette-Mail Kate White Staff
Writer June 3,2016
A woman whose family land was taken for Yeager Airport
construction should have been able to tell a jury what she thought the land was
worth, the Supreme Court said Friday. Loretta Lynn Gomez had asked for a jury
trial and should have gotten one, justices ruled, so she could offer her
opinion as to the value of her share of Nutter Farm. The farm was taken by the Kanawha County Commission as a place to store
the dirt and debris moved from a hill that towered 200 feet above Yeager
runway. Continue reading at http://www.wvgazettemail.com/article/20160603/GZ0116/160609807
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TEXAS
Activist: MUD should expect eminent
domain change
By Greg Bowen The
Herald-Zeitung June 3, 2016
BULVERDE In a contentious meeting
in which the Johnson Ranch MUD board voted to move forward with legal efforts
to seize neighboring ranch lands, a property-rights activist said the
Legislature is primed to remove the eminent domain powers of MUDs Municipal Utility Districts.
Under eminent domain, Municipal Utility Districts and other
governmental entities are empowered to seize private lands for the public good.
Continue reading at
http://herald-zeitung.com/news/article_3cad882a-29fc-11e6-bb12-53afd036fd12.html
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Enhanced protections rejected for
property owners
June 1, 2016 By DAVE SOLOMON dsolomon@unionleader.com
New
Hampshire Union Leader
CONCORD A bill
to enhance protections for private property owners along the route of any new
natural gas pipeline fell victim to a legislative standoff on Wednesday, as the
Senate voted 11-13 to reject a compromise approved by a House-Senate conference
committee, killing the bill and dashing the last remaining hope of pipeline
opponents for a legislative victory.
HB 1660 was the only
survivor of a legislative agenda promoted by opponents of the Kinder Morgan
Northeast Energy Direct project, a new pipeline through Southern New Hampshire
that has since been canceled.
See more at
http://www.unionleader.com/apps/pbcs.dll/article?AID=/20160602/NEWS0621/160609825/-1/news#sthash.PSnJLn1F.dpuf
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Church owners resist Longview taking by
eminent domain
NewsWest9.com
An anticipated multi-million dollar road improvement project
in Longview has the owners of an East Texas church bucking against eminent domain. http://www.newswest9.com/story/32118106/church-owners-resist-longview-taking-by-eminent-domain
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Bill aims to protect homeowners from
pipeline expansion
By DAVE SOLOMON New
Hampshire Union Leader May 31, 2016
CONCORD A bill to enhance protections for private property owners
along the route of any new natural gas pipeline is expected to clear the House
and Senate today, and will likely be signed into law by Gov. Maggie Hassan.
HB 1660 is the only
survivor of an ambitious legislative agenda promoted by opponents of the Kinder
Morgan Northeast Energy Direct project, a new pipeline through Southern New Hampshire which has since been cancelled.
See more at
http://www.unionleader.com/article/20160601/NEWS0621/160609992/-1/mobile?template=mobileart#sthash.i2byXDAE.dpuf
Also read Court rules against Forest Society in Northern Pass lawsuit
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Court to Decide Key Issue Regarding
Eminent Domain Power
The Legal Intelligencer By
Ariel N. Forbes May 31, 2016
The development of the Marcellus and Utica shales in Pennsylvania, West Virginia and Ohio
has resulted in a significant increase in midstream infrastructure development
throughout the region to support the delivery of gas to commercial markets.
This increase in demand for new pipeline construction and modernization
projects has brought with it a host of legal issues, including questions about
the exercise of eminent domain power under both the federal Natural Gas Act and
state law. Read more http://www.thelegalintelligencer.com/id=1202758932518/Court-to-Decide-Key-Issue-Regarding-Eminent-Domain-Power#ixzz4AKl1YGkW
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City of Perris v. Stamper update, part
1 of 2
Pacific Legal Foundation (PLF) (press release)
(blog)
May 27, 2016 Julio Colomba
The California Supreme Court heard oral arguments yesterday
morning in City of Perris v. Stamper, a case in which PLF filed an amicus brief to support landowners rights to
just compensation for property takings.
At issue in the case is whether a city can impose a
dedication requirement (i.e., if you want to build on your property, the city
gets to take some of your land) to suppress the fair market compensation value
of land the city wants to later take via eminent domain. Continue reading at http://blog.pacificlegal.org/city-of-perris-v-stamper-update-part-1/
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Karina Wilkinson: Major ramifications
of Sandisfield pipeline
Berkshire Eagle May 27,
2016
BOSTON Will an out-of-state energy giant force the
state of Massachusetts
to hand over public land so it can build a fracked
gas pipeline through a state forest? One judge recently agreed with the
company, but the fight is far from over.
The Tennessee Gas Pipeline Company, a subsidiary of the
Texas-based Kinder Morgan, filed suit against the commonwealth and the
Department of Conservation and Recreation (DCR) in April, arguing that it could
use eminent domain to seize several acres of the Otis
State Forest
in Sandisfield as part of its Connecticut Expansion pipeline. Continue
reading at http://www.berkshireeagle.com/columnists/ci_29948567/karina-wilkinson-major-ramifications-sandisfield-pipeline
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Environmental Advocacy Group Serves DPS
Commissioner Eminent
My Champlain
Valley FOX44 & ABC22 by
Alexandra Leslie | aleslie@nexstar.tv
Published 05/25 2016
RANDOLPH,Vt.
Vermont State Police are investigating an incident at the
home of Vermont's Public Service Commissioner, Christopher Recchia.Police
say Recchia called about protestors in his yard
around 6:00 Wednesday morning, and said the group had blocked his driveway with
cones and built a wooden oil derrick.The group wanted
to discuss their concerns over the natural gas pipeline running through the
state. Continue reading at http://www.mychamplainvalley.com/news/environmental-advocacy-group-serves-dps-commissioner-eminent-domain-notice-at-his-residence
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Oil pipeline company
seeks dismissal of NW Iowa landowners' lawsuits
Sioux
City Journal NICK HYTREK nhytrek@siouxcityjournal.com
May 27, 2016
CHEROKEE,
Iowa A company that plans to build an oil pipeline
across Iowa is entitled to the use of eminent domain because the pipeline
serves a public purpose, lawyers said Friday.
In a motion
to dismiss lawsuits filed by landowners last week in Cherokee County District
Court, Dakota Access attorney Bret Dublinske of Des
Moines, said that their arguments that the company can't use eminent domain to
take their land for the pipeline route because Dakota Access is not a utility
are incorrect. Continue reading at http://siouxcityjournal.com/news/local/oil-pipeline-company-seeks-dismissal-of-nw-iowa-landowners-lawsuits/article_2b72afe6-b3b4-5dd0-a1e3-e65da9604db2.html
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Sturtevant starts eminent domain
despite countys objection
Journal Times MICHAEL BURKE mburke@journaltimes.com May 2016
STURTEVANT The village on Wednesday started the process of
acquiring three undeveloped properties along Highway 11 by declaring them
blighted and forcing a sale despite a formal objection by the land owner, Racine County.
The Sturtevant Community Development Authority, and then the
Village Board, each voted unanimously to start the eminent domain process to
acquire the three parcels immediately northwest of Highway 11 and 84th Street,
and across the road from Farm & Fleet. Continue reading at
http://journaltimes.com/news/local/sturtevant-starts-eminent-domain-despite-county-s-objection/article_b1d9754f-f376-5faf-8d75-c77c7212cb9c.html
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Pipeline construction starts in ND;
problems remain in Iowa
The Bakken magazine
By Patrick C. Miller | May 25, 2016
Construction
of the Dakota Access Pipeline stretching from western North Dakota oilfields to
Illinois has begun, but hurdles remain in Iowa. Dakota Access
Pipeline LLC has yet to receive permits from the U.S. Army Corps of Engineers
for water crossings along the pipeline route, although it does expect the project
to be completed before year end as planned. News media reports this week said
the Iowa state archeologist received a claim
that the pipelines planned route might cross a historically significant site in
Lyon County, which could further delay
construction on the $3.8 billion project. Continue reading at
http://thebakken.com/articles/1563/pipeline-construction-starts-in-nd-problems-remain-in-iowa
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How government paved the way for
Chicago’s segregated poverty
ChicagoNow (blog) By Austin Berg May 25, 2016
The first redevelopment project completed under the new law which
took place in a black neighborhood near Bronzeville was
a case study in how eminent domain preys on the most vulnerable in the interest
of the politically connected. Read entire article at
http://www.chicagonow.com/city-limits/2016/05/how-government-paved-the-way-for-chicagos-segregated-poverty/
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Bakken Oil Patch At Risk Over Pipeline
Lawsuits
OilPrice.com May 25, 2016 By
Michael McDonald
Michael is an assistant professor of finance
and a frequent consultant to companies regarding capital structure decisions
and investments.
He holds a PhD in finance More Info
Home Energy Crude Oil
One of the key factors in the survival of the Bakken oil patch in the future will be affordable
transportation options. Bakken producers receive
lower realized prices for their output due to the transportation costs
associated with moving the product as well as the difficulty in storing it.
This issue has been a persistent problem for years, but crude by rail has
helped make the issue less problematic over time. Pipelines are the next step
for the Bakken if it is to become a sustainable long-term
oil producing area. Continue reading at http://oilprice.com/Energy/Crude-Oil/Bakken-Oil-Patch-At-Risk-Over-Pipeline-Lawsuits.html
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Environmental activists attempt to
seize commissioner's property
Vermont Press Bureau By Josh O'Gorman
May, 2016
RANDOLPH Environmental
activists came to the home of the commissioner of the state Public Service
Department to demonstrate their displeasure the proposed natural gas pipeline
running through the state. Continue reading at http://www.vermontpressbureau.com/2016/05/25/environmental-activists-attempt-to-seize-commissioners-property/
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Delays loom ahead for Iowa Bakken pipeline
Little Village By Adam
Burke May 23, 2016
TAGS Bakken Pipeline
Cherokee County Polk
County Eminent domain
The Iowa segment of the
Dakota Access pipeline could be delayed after the recent
discovery of a possible archaeological site in northwest Iowa. If
confirmed, further delays to the controversial project would come from
relocation and rerouting of that part of the pipeline.
Construction has already begun on the 1,150-mile pipeline
through Illinois, North Dakota and South Dakota, but in Iowa, Dakota Access must wait to build. Continue
reading at http://littlevillagemag.com/delays-loom-ahead-for-iowa-bakken-pipeline/
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Northwest Iowa Landowners Filed Lawsuit
Against Dakota Access
WNAX May 24, 2016 in Agriculture
Northwest Iowa landowners have filed a pair of lawsuits to
stop construction of the Dakota Access oil pipeline. Des
Moines attorney Bill Hanigan is
representing the two couples who are facing eminent domain procedures on their
property from the Texas
based pipeline. He says they are arguing Dakota Access is not a utility. Continue
reading at http://wnax.com/news/180081-northwest-iowa-landowners-filed-lawsuit-against-dakota-access/
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Jackson County to FERC: Uphold pipeline
denial
Mail Tribune Staff reporter Vickie Aldous
can be reached at 541-776-4486 or valdous@mailtribune.com. Follow her at www.twitter.com/VickieAldous.
May 23, 2016
The Jackson County Board of Commissioners has sent a letter
to the Federal Energy Regulatory Commission asking it to stand firm in its
decision to block a 232-mile natural gas pipeline that would have crossed
through Southern Oregon. On March 11, FERC denied the Pacific Connector
pipeline and Jordan Cove projects that would have carried liquefied natural gas
to a processing plant north of Coos
Bay for export overseas.
FERC found little evidence to support a need for the pipeline and that any
public benefits were outweighed by negative impacts to landowners along its
route. Continue reading at
http://www.mailtribune.com/article/20160523/NEWS/160529787
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Fight Over Texas Bullet Train and
Eminent Domain Heads to Washington
Dallas Observer May 23,
2016 Contact Eric Nicholson
In the four years Texas Central Railway unveiled plans to
link Dallas and Houston with the country's first bullet train, officials with
the private company have talked a lot about how quickly the line will whisk
travelers between two of the country's largest, fastest-growing urban areas,
about how darn Texan the early investors are,
about the stellar safety record of the Japanese rail technology they'll be
using. Continue reading at http://www.dallasobserver.com/news/fight-over-texas-bullet-train-and-eminent-domain-heads-to-washington-8317678
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