Involuntary Cotenants: Eminent Domain and Energy & Communications Infrastructure Growth

59 Pages Posted: 18 Jan 2014

See all articles by Andrew P. Morriss

Andrew P. Morriss

Bush School of Government & Public Service / School of Law; PERC - Property and Environment Research Center

Roy R. Brandys

Barron & Adler LLP

Michael Barron

Barron & Adler LLP

Date Written: November 17, 2013

Abstract

The spread of renewable energy mandates, new discoveries of unconventional oil and gas, and the need to harden and upgrade telecommunications infrastructure will lead to expansions in large infrastructure easements over the next decade. Many of these easements will be taken by eminent domain. In this paper we examine the problems posed by this involuntary creation of co-ownership of land. Existing eminent domain laws are insufficient to address the problems created because they allow the courts to vary only one term: price. Given difficulty in pricing many of the other terms to the easements (e.g. indemnification agreements for landowners, controlling impacts on hunting leases, or compliance efforts to control invasive species), reforms are necessary to allow courts to substitute for the bargaining process that eminent domain short circuits.

Keywords: eminent domain, electric utilities, pipelines, transmission lines, easements, cotenancy

Suggested Citation

Morriss, Andrew P. and Brandys, Roy R. and Barron, Michael, Involuntary Cotenants: Eminent Domain and Energy & Communications Infrastructure Growth (November 17, 2013). U of Alabama Legal Studies Working Paper No. 2380159, Available at SSRN: https://ssrn.com/abstract=2380159 or http://dx.doi.org/10.2139/ssrn.2380159

Andrew P. Morriss (Contact Author)

Bush School of Government & Public Service / School of Law ( email )

4220 TAMU / Room 2141
2129 Allen Building
College Station, TX 77843-4220
United States

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

Roy R. Brandys

Barron & Adler LLP ( email )

808 Nueces Street
Austin, TX 78701
United States

Michael Barron

Barron & Adler LLP ( email )

808 Nueces Street
Austin, TX 78701
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
149
Abstract Views
1,922
Rank
293,746
PlumX Metrics