Archive | 2017

CAN A PUBLIC BENEFIT CORPORATION INSIST ON CONFIDENTIALITY AS PART OF A SETTLEMENT AGREEMENT?

Counsel for public benefit corporations often insist on the inclusion of a confidentiality provision in their settlement agreements.  Often claimants refuse to agree.  But many claimants are anxious to finally wind up their litigation and recover their award.  The issue is can a public benefit hide the payment of just compensation?  Isn’t the settlement something of great concern to the public, the press, legislative overseers and the bar in general?  An often overlooked consequence is that a claimant agreeing confidentiality may find unanticipated tax consequences.  See, for example, Amos v… read more

Posted in Confidentiality, Settlement Agreements
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PIPELINE TAKINGS – TIME TO RECONSIDER THEIR POWER OF EMINENT DOMAIN

If you monitor eminent domain issues on a national level, you must be aware that by far the greatest controversy has focused on pipeline takings. The United States has the largest network of energy pipelines in the world, generally accepted to be 2.5 million miles, more recently, because of fracking, massive new pipeline building has been taking place.  Most of those lines are for oil.  Some states make a distinction between oil and gas pipelines.  Gas pipelines would not have the federal statutory priority and would be subject to state… read more

Posted in Partial Takings, Pipeline Takings
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