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Tag Archives: TransCanada

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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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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