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Pennsylvania Takes A Different Path On Local Control Of Fracking

Posted in National Eminent Domain
A recent Commonwealth Court ruling held that the Public Utility Commission does not have the authority to review local zoning ordinances. This is contrary to the constitutional and statutory framework in most jurisdictions. Most jurisdictions allow the State Public Service Commission, often called Public Utility Commission, to override local ordinances in order to provide uniformity … Continue Reading

The Use Of Eminent Domain By Universities

Posted in National Eminent Domain
The Northeastern Illinois University expansion will occur at universities throughout the country. Urban universities feel the need for expanded residential development in order to maintain the status and respect for their universities. Realistically, now that some universities are demanding dormitories near the university, we can foresee this demand at more and more universities. Some of … Continue Reading

The Missoula PR Blitz Continues

Posted in National Eminent Domain
In the most recent article of the missoulian.com, another attack is waged on the allegedly rich and greedy Carlyle Company. Realistically, water rates are increasing without regard to who owns these facilities. The national Clean Water Act requires maintenance of the water systems. No one should think that “going public” is the perfect antidote. Each … Continue Reading

The Downside of Anti-Energy Measures

Posted in National Eminent Domain
The Colorado Springs Gazette was correct in opining concerns with anti-energy measures.  The opinion skews against a wealthy congressman who has a summer home near a proposed oil production site.  But the article also notes the dissenting Chief Justice of the Colorado Supreme Court properly understood that the ballot proposal may not be constitutional.  The … Continue Reading

Concerns of Value Will Not Affect Public Service Commissions

Posted in National Eminent Domain
The Illinois Commerce Commission’s decision granting Ameren Transmissions authority to acquire property through the eminent domain process is certainly not unexpected. The notion of individual owners with just compensation issues to be handled at the ICC simply will not work. Public Service Commissions are in place to determine whether a project is necessary under the … Continue Reading

Energy Transfer Partners Makes Move in Michigan

Posted in National Eminent Domain
Energy Transfer Partners will seek a new line which will apparently parallel the recently ruptured and rebuilt Enbridge lines. The Federal Energy Regulatory Commission will prepare the environmental reviews. Apparently Energy Transfer Partners is already convinced that it will obtain the line. One must recognize that the Certificate of Public Use and Necessity is something … Continue Reading

Handling Forced Unitization

Posted in National Eminent Domain
A recent Farm and Dairy article reports on the legal and factual basis for unitization.  Hopefully the Ohio Department of Natural Resources will fairly treat those forced into a unitizing their properties. In the meantime, one can expect a large amount of litigation for many years into the future.     Farm and Dairy Unitization … Continue Reading

ITC Filing Suits For Entry

Posted in National Eminent Domain
ITC, following the law required of it, has filed suits for entry on to properties paralleling the Karegnondi line. MCL 213.54 states: (3) An agency or an agent or employee of an agency may enter upon property before filing an action for the purpose of making surveys, measurements, examinations, tests, soundings, and borings; taking photographs … Continue Reading

The Cost of Renewable Energy Cheapens

Posted in National Eminent Domain
Renewable energy, the only viable alternative to fossil fuel if we continue to refrain from allowing the development of nuclear, is turning out to be far less costly than first contemplated. As noted in a recent The Detroit Free Press article, the energy source is booming at this time.  Detroit Free Press Electricity generation from … Continue Reading

Will Central Virginia Become A Pipeline Corridor?

Posted in National Eminent Domain
Three different pipelines are seeking regulatory permission to build pipelines in central Virginia. These pipelines will traverse to either North Carolina, Pennsylvania or West Virginia. There is a balance to this process because our energy needs are great. However, one must also look at the environmental downside of these proposals.  c-ville.com April saw the first … Continue Reading

MSU Offers Outstanding Explanation Of The Crude Oil And Petroleum Act Amendments

Posted in National Eminent Domain
One should review the outstanding report prepared by the Michigan State University Extension about the recently amended Crude Oil and Petroleum Act Statute. This article offers interesting and informative reading about the process. Eminent domain is clearly now in the arena of oil and gas production. Yet, constitutional questions on the subject will continue to … Continue Reading

Clarke County Challenge Continues

Posted in National Eminent Domain
An Iowa Judicial District Court Judge’s ruling that the Clarke County Reservoir Commission had authority to acquire is being challenged by the property owners.  Realistically, the necessity for water is an increasing and required need everywhere. Acquisition of land to build reservoirs is in all likelihood a public use unless explicitly excluded in the State … Continue Reading

What Does The PUC Do Without Definition?

Posted in National Eminent Domain
In an article written by Daniel Delaney for a business advisory publication, the author recognizes that the term “Public Utility Corporation” is not defined in the Statute and provides for the underpinnings of an unconstitutional delegation anytime there is a finding of a Public Utility Corporation. This clearly was not intended in the statutory framework. … Continue Reading

Who Is Taking The Property From Who?

Posted in National Eminent Domain
Governor John Hickenlooper’s position that people are losing their properties by barring fracking is not accurate. Realistically, every State has a right to determine the division of utilization of property interest. While fracking may be constitutional, that does not mean that every State is required to allow fracking so that oil, gas or other minerals … Continue Reading

How Far Will Forced Pooling Go?

Posted in National Eminent Domain
In a Newsweek article, the writer expresses opposition to forced pooling as “private eminent domain”. Realistically, every State and every local government is going to make the decision about whether the community will allow forced pooling. The question will be one determined at the State level unless the need for the mineral is so great … Continue Reading

Local Opposition Unlikely To Stop Pipeline Eminent Domain Actions

Posted in National Eminent Domain
The citizens of Decatur, Illinois, part of the Macon County jurisdiction, learned the hard way that objecting at the local level is not effective. Quite simply, once the Illinois Commerce Commission granted a permit to build a pipeline, the local community could not bar the eminent domain proceeding by refusing to grant construction permits.   … Continue Reading