It’s time for real eminent domain reform
“Many Texans may remember me, the former mayor of the small town of DISH in the Barnett Shale, for bringing attention to the health and environmental impacts of fracking a few years ago.
But those concerns weren’t the only menace that DISH residents faced when I was mayor. As natural gas companies laid miles of pipeline throughout town, the threat of eminent domain loomed large.
Maybe I was naïve, but as mayor I was shocked to learn that private, for-profit companies could so easily acquire land through eminent domain, especially in a supposedly pro-property-rights state like Texas.
It seemed un-American to me to see private property transferred from one private entity to another merely to benefit shareholders, not the general public. One DISH resident, for instance, had three large pipeline easements taken across his property, destroying any future land use.
In Texas, “common carrier” pipeline companies have the power of eminent domain, as per the state’s Natural Resources Code. A “common carrier” must provide services to the public for hire, meaning it must make its services available to the general public and not just transport the product (oil, natural gas, etc.) for itself.
However, there are no checks and balances in place to ensure that these companies are actually doing that. Although the Railroad Commission of Texas has finally taken some action to close loopholes in what constitutes a “common carrier,” this will do little to protect private property rights of Texans. “
TIllman, Calvin. TribTalk 22 September 2014.