Upcoming Eminent Domain Bills in Legislature
“On January 23, Sen. Bill Avery introduced LB533, an eminent domain bill pertaining to oil and gas pipelines in Nebraska. While the hearing was originally scheduled for Thursday, February 21, that date has been cancelled due to the predicted snowstorm. We will update this post when we find out the new date of the hearing.
The Bill:
LB533 would require that pipeline companies must provide at least 10 days notice to property owners that their property is under consideration for a pipeline project. This would help prevent the “element of surprise” that so many landowners can feel when being propositioned with easement offers at the same time that they are notified that their property could be condemned through eminent domain. In the past, TransCanada has threatened the use of eminent domain during initial negotiation meetings with landowners, even for a pipeline that has not been permitted. This causes undue stress on landowners and is seen by most as a bully tactic aimed at obtaining easements as quickly and inexpensively as possible.
The bill would require several components to be present in the notice, including:
1) a description of the property desired for the pipeline project
2) reasons for selecting the property location for use in the project, including a map
3) a list of the property owner’s rights”
Gotschall, Ben. Bold Nebraska 20 February 2013.