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Tag Archives: energy

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.

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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.

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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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