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Category Archives: Pipelines

Not in my Backyard – How About Yours?

26 Friday Oct 2012

Posted by texascondemnation in Pipelines, Property Rights

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Condemnation, Eminent Domain, energy, Keystone XL Pipeline, property rights, Smitherman, Texas Condemnation, texas eminent domain, Texas Railroad Commission, TransCanada

The chairman of the Texas Railroad Commission, Barry Smitherman, spoke about the benefits of the Keystone pipeline at the energy conference hosted by the Greater Houston Partnership last weekend. In his speech, he mentioned the immense amount of profit possible from investment in the line. But who is making all the profit? Definitely not the landowner whose land is condemned so that a private company can install a hazardous pipeline for the transport of oil from tar sands in Canada. Whenever the issue of eminent domain has come up in relation to the Keystone XL pipeline or to energy expansion in general, the landowner’s rights have been swept under the rug.  The best way to fight for your rights is to know them (jmehcondemnation.com). Once we know our rights, protests against condemnation will evolve into civil litigation in favor of the landowner. But to get to this point, we must understand our rights as landowners in the face of eminent domain proceedings.

To read more, click here..

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TransCanada finds pushback on cross-country pipeline in an unlikely place: Oil-friendly Texas

17 Wednesday Oct 2012

Posted by texascondemnation in Pipelines

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just compensation, Pipelines, Texas Condemnation, texas eminent domain

This is a perfect example of a pipeline company not paying just and fair compensation.   They offer the landowner $400,000 and when he asks to be paid a fair amount, they drop their offer to slightly more than $20,000.  This should not be permitted under Texas condemnation law and is an abuse of eminent domain power.

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Arrests, some heated rhetoric mark East Texas pipeline protests.

16 Tuesday Oct 2012

Posted by texascondemnation in Pipelines

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Condemnation, Keystone, pipeline, texas eminent domain

How are private property rights being protected? The pipeline clearly damages the property, but the pipeline company does its best to avoid paying damages by offering very little to the property owners impacted by the line. The property owners have to deal with little to no compensation, protesters on their property, and damaging construction activities. Texas eminent domain law needs to be changed to provide compensation for the problems caused by the line.

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Short Term vs. Long Term Effects of the Keystone XL Pipeline

15 Monday Oct 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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The debates surrounding TransCanada’s proposed Keystone XL pipeline are contentious, indeed, but still seem to be missing some important questions. While GOP presidential nominee Mitt Romney plans on working towards this pipeline’s approval to decrease our dependence on foreign oil and create jobs, President Obama is fighting for an eco-friendly option. But both candidates forget our vital fifth amendment rights to just compensation. Whether it is this pipeline, a windmill farm, or a highway transit system, landowners’ property rights are jeopardized and no one wants to be the first to acknowledge the fact. Sure, pipelines and the like may create some temporary jobs here and there, but the long term result will be the permanent loss of someone’s private property. And with the economy continually improving, protecting landowners’ rights becomes even more important. Eminent domain is a powerful right that cannot go unchecked. It is vital that we learn how to protect our own rights as property owners.

View our comment on the Washington Post here.

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Wind Energy v. Coal – the Endless Debate

08 Monday Oct 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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Blog, coal, east of eden, eco-friendly, energy, gas, just com, New York Times, Pipelines, property value, Texas Condemnation, texas eminent domain, wind energy

As with all things that closely intertwine with politics and the economy, wind energy also has its pros and cons. While some may defend it for its efficiency and its potential to sustain clean energy in the long run, others may point out how wind farms obliterate the beauty of American landscapes with their loud noises and endless strings of wire.

One player we generally forget to think about is the landowner whose land is burdened. When wind farms are created, as when pipelines are laid, who’s pockets make the greatest profit? Borrowing from “East of Eden”, the lucky Adam Trask whose luscious land had that magical oil well or windy hill and the shrewd power or oil company that taxes the consumers for the goods produced. No one really thinks about the Sam Hamilton under whose land the power lines that generate the wind farm or the pipeline that transfers oil is laid. This landowner is left stuck in between a rock and a hard place when the only compensation for use of his land is the value of the installation of the required equipment. What about the potential fire hazards as a result of sparks or lightening? And don’t forget the environmental hazards posed by a leaking pipeline, rendering this landowner’s property value virtually diminished.

Instead of debating over which form of energy is more cost effective or eco-friendly, it’s time we consider the effects of our policies on the unforgotten player in the game of energy production.

To read more, click here.

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Whose Land Is It Anyway? – A Rising Tide of Eminent Domain Cases in Texas

14 Friday Sep 2012

Posted by texascondemnation in Pipelines, Politics, Property Rights

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2012, alternative energy, Austin condemnation, Austin eminent domain lawyer, Condemnation, Eminent Domain, Houston condemnation, Houston eminent domain lawyer, Johns Marrs Ellis & Hodge, Keystone XL, Obama, oil and gas, property rights, Romney, Texas, Texas Condemnation, Texas condemnation lawyer, Texas eminent domain lawyer, TransCanada

Julia Trigg Crawford, a Northeast Texas farmer, and numerous landowners across Texas continue to fight for their property rights despite many losses. But what is the reason behind this sudden surge of condemnation cases? The first reason is the economy, the second is demographics. More and more monetary energy is directed towards the development of oil and gas across the state, mostly due to a boom in hydraulic fracturing. The growing population of Texas does not alleviate the problem either. As the issue gains a greater spotlight, so do the opposing views on the bigger question of the pros and cons of developmental progress in the United States. President Obama along with many environmentalists sway towards the cultivation of wind and solar energy, an investment in land safety. GOP presidential candidate Mitt Romney and the majority of privately owned oil and gas corporations find investing in the economy to be of greater value. The question is not who is right, but how to find a middle ground so that property owners can successfully maintain their land rights.

You can read more about this story at MySanAntonio or the Stateman.

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“Keystone pipeline clears a hurdle,” but what about my property rights?

10 Monday Sep 2012

Posted by texascondemnation in Pipelines, Property Rights

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2012, Condemnation, elections, Eminent Domain, GOP, Keystone pipeline, Obama, Paul Ryan, Pipelines, Romney, Texas, Trans, TransCanada

Recent political debate has shown two sides regarding the construction of TransCanada’s Keystone XL pipeline. GOP vice presidential candidate, Paul Ryan, voiced his opinion in support of the pipeline and the greater goal of developmental progress. At the same time, we hear President Obama’s outright rejection of the project proposal due to its potential environmental hazards. Though the two sides present valuable insights, both ends of the spectrum forget the greater question: what about the landowners? In this case, the truth lies in the middle. The Keystone XL pipeline should be approved by the Federal Government, but state safeguards should also be put into place to protect more than just the environment. The rights of individual property owners are just as important, if not more pertinent, in light of recent debates and protests. Jane Kleeb, an activist against the Keystone pipeline, argues, “A foreign oil company … gets to seize American land without proving they are a common carrier and without any requirement that Americans get a drop of the oil.” It is people like Kleeb whose property rights are being obstructed. The best way to deal with this issue is to find a middle ground, one that pleases Democrats and Republicans and protects individual property rights.

Click here to read more about the Keystone XL pipeline’s recent acquisition of the right to eminent domain in Texas.

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Power Should Not Be Assumed in Eminent Domain Cases

07 Tuesday Aug 2012

Posted by texascondemnation in Pipelines, Property Rights

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Pipelines may not have the right to take your property. See prior post on Texas Riceland Farmers. In addition, projects like TransCanada’s Keystone XL can damage your property and severely diminish its value and in some cases render the property virtually useless. When facing condemnation, it is vital to remember that your property rights are more important than a private company’s assumed power over private gain. Do not let this power make you feel like there is no escape.

To read more, click here.

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Why Changes to Eminent Domain in Texas May Be Imminent

31 Tuesday Jul 2012

Posted by texascondemnation in Pipelines

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Eminent Domain, Pipelines, Texas Riceland

It looks like new changes may be coming on pipeline takings.

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Luke Ellis and Justin Hodge are partners with Marrs Ellis & Hodge LLP. Justin heads the firm's eminent domain practice in the Houston office. Luke heads the firm's eminent domain practice in the Austin office. Luke Ellis is widely recognized as one of Texas’s top young lawyers—and one of the top lawyers of any age practicing in the area of eminent domain. Mr. Ellis has broad experience and has enjoyed success in many types of civil litigation. Justin Hodge is a trial lawyer who represents Texas landowners in condemnation, eminent-domain, and real-estate lawsuits. He represents landowners in condemnation proceedings, not the governmental authorities or private companies taking property. Mr. Hodge has handled complex condemnation and eminent-domain cases throughout the State of Texas. If you have questions about any of the issues raised in this blog, we invite you to discuss them with us at jhodge@mehlaw.com or lellis@mehlaw.com.

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    • What is Eminent Domain?
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