Archive | Pipeline Takings

WIND-POWER LINE BLOWN AWAY BY ILLINOIS SUPREME COURT

The Illinois Supreme Court rendered a decision on September 21, 2017 which upheld a lower court decision that an application filed by Clean Line Energy, a Houston Company, may not use eminent domain to acquire land to develop a 500 mile transmission line designed to carry wind generated power through the State of Illinois.  Illinois Landowners Alliance NRF v Illinois Commerce Commission, 2017 IL 121302. The basis for the decision was that Clean Line Energy does not qualify as a “public utility.”  The $1.8 billion high voltage line has been… read more

Posted in Pipeline Takings, Public Purpose, Public Utility
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TRUMP REVIVES KEYSTONE AND DAKOTA PIPELINES

President Trump signed an Executive Order on January 24, 2017 reviving the Keystone XL and Dakota Access Pipeline projects.  Former President Barack Obama rejected the Keystone 1,179 mile pipeline in 2015. When he signed the Order, Mr. Trump recited that the pipeline would bring 28,000 construction jobs.  But according to the New York Times, “studies showed that the pipeline would not have a momentous impact on jobs.”  New York Times, January 24, 2017.  The President also indicated that he would renegotiate the terms with the pipelines. The President also seemed… read more

Posted in Pipeline Takings
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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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