Involuntary Cotenants: Eminent Domain and Energy & Communications Infrastructure Growth

59 Pages Posted: 18 Jan 2014  

Andrew P. Morriss

Texas A&M School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus 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)

Texas A&M School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76133
United States

PERC - Property and Environment Research Center ( email )

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

George Mason University - Mercatus Center ( email )

3434 Washington Blvd., 4th Floor
Arlington, VA 22201
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

Paper statistics

Downloads
128
Rank
182,409
Abstract Views
1,234