News & Analysis as of

Eminent Domain Property Owners Oil & Gas

Gray Reed

Limitations and Standing to Sue Dry Up Landowners’ Claim to Texas Riverbed

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State of Texas. V. Reimer et al. studied lawyer-nerdy questions of standing to bring a lawsuit and statutes of limitations as applied to inverse condemnation suits.  Spoiler alert: To the chagrin of the landowners, waiting...more

Houston Harbaugh, P.C.

Pennsylvania Court Concludes that Certain Sunoco Entities Did Not Have Eminent Domain Authority in Washington County for Mariner...

Houston Harbaugh, P.C. on

In a February 7, 2025 decision in Simon v. Sunoco Pipeline LP, No. 2015-3302 (Wash. Cty. February 7, 2025), the Court of Common Pleas of Washington County, Pennsylvania concluded that Sunoco Pipeline LP and Sunoco Logistics...more

Ackerman & Ackerman, P.C.

In cases involving partial takings of easements, just compensation must be based on the condemnor’s maximum possible use of the...

Our office routinely handles utility takings, which often involve partial takings of easements for transmission lines or pipelines. As governments attempt to improve the electrical grid to support the transportation of wind...more

Keating Muething & Klekamp PLL

Court Scrutinizes “Public Use” in Gas Utility Condemnation

Last week, a court called into question whether a condemnation by a gas utility was for a “public use,” even though the take was initiated by an entity that had the statutory authority to enter, condemn and appropriate land....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

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

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The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more

Dentons

Iowa Landowners Disappointed by Iowa Supreme Court Eminent Domain Decision

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On May 31, the Iowa Supreme Court decided Texas-based company, Dakota Access, lawfully used the state’s power of eminent domain to seize land from Iowa citizens for the Bakken oil pipeline. The decision follows the...more

Robinson+Cole RLUIPA Defense

Nuns Lose Interstate Natural Gas Pipeline Challenge

The United States Court of Appeals for the Third Circuit has ruled against a Roman Catholic group challenging the use of their land in connection with an interstate natural gas pipeline. The Adorers of the Blood of Christ...more

Nossaman LLP

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Stinson LLP

U.S. Supreme Court to Decide "Critical Question" in Eminent Domain

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This summer, the U.S. Supreme Court will decide a critical question that will determine whether some landowners will receive compensation from regulations that restrict the uses of their land. The case, Murr v. Wisconsin, may...more

Porter Hedges LLP

Litigation Alert: "Texas Appellate Court Says Pipeline Must Convince Jury of Common Carrier Status in Condemnation Case"

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An intermediate Texas appellate court has called for an extensive jury role in the ongoing issue of determining when a pipeline is a common carrier. Common carrier status is critical to the pipeline company’s ability to use...more

Nossaman LLP

Keystone Pipeline May Be First Clash between President and New Congress

Nossaman LLP on

So the new Congress has been sworn in back in Washington, and the nation gears up for the first big clash between the Republican-controlled Congress and President Obama.  What will the first major battle be:  health care;...more

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