News & Analysis as of

Pipelines Takings Clause

Ackerman & Ackerman, P.C.

The Fundamentals of Easement Valuation

* The following blog is an adaptation of the presentation Alan Ackerman and Matthew Ackerman gave on “The Fundamentals of Easement Valuation” at the American Law Institute’s Eminent Domain & Land Valuation Litigation Seminar...more

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

Ballard Spahr LLP on

On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

Nossaman LLP on

The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

McGuireWoods LLP

North Dakota Court: Similar Sales Admissible to Determine “Just Compensation” for Eminent Domain

McGuireWoods LLP on

In WBI Energy Transmission, Inc. v. Easement and Right-of-Way Across, WBI Energy Transmission’s "Motion in Limine to Exclude Evidence or Testimony of Other Easement Transactions” was denied in a ruling filed April 1, 2021....more

Fox Rothschild LLP

Judge Finds Florida Just Compensation Law Applies To Federal Pipeline Case

Fox Rothschild LLP on

Property owners whose land will be taken for the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida law rather than federal rules, a Florida federal judge ruled....more

Clark Hill PLC

Rover Files Pipeline Condemnation in Federal Court

Clark Hill PLC on

Rover has initiated one mass filing against all property owners in the United States District Court, Eastern District of Michigan. Rover Pipeline has been acquiring property rights in Washtenaw and Lenawee Counties....more

Clark Hill PLC

Wolverine Pipeline Capitulates in Response to Necessity Challenge

Clark Hill PLC on

In return for dropping a necessity challenge, Wolverine Pipeline agreed to substantially modified easement and paid the attorney fees incurred in pursuing the challenge. As I have previously noted, greater flexibility...more

Clark Hill PLC

Natural Gas Explosion Kills 10 Campers

Clark Hill PLC on

A natural gas pipeline in New Mexico exploded, killing 10 people and leaving 86’ x 46’ x 20’ crater. Natural gas pipelines are dangerous. There are a litany of incidents demonstrating this danger, most recently in New...more

Clark Hill PLC

It Is Not Just About the Money

Clark Hill PLC on

Early intervention by property owner counsel can sometimes result in convincing condemning authorities to alter either their project or the rights sought to prevent catastrophic consequences to the owner and massive just...more

Clark Hill PLC

Possible Chicanery by DTE On Milford Bypass Loop Pipeline?

Clark Hill PLC on

Has DTE withheld distribution of complete easements, including the exhibit containing the legal description of the encumbered property, in an attempt to hide the true impacts of the easements from homeowners? Last night, I...more

King & Spalding

Texas Railroad Commission Proposes New Rules Related to Pipeline Eminent Domain Claims

King & Spalding on

The November 2011 issue of the Energy Newsletter addressed the case of Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, in an article titled Texas Supreme Court Ruling May Slow the Installation of Certain...more

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