SO CALLED CONSERVATIVE SCOTUS JUSTICE; TONY SCALIA APPROVED THE STATIST RULE OF EXPROPRIATION AKA EMINENT DOMAIN WHICH RESULTS IN THIS:
By Christian Flores Friday, January 31st 2020
In just a matter of weeks, Kinder Morgan may soon break ground on construction in Central Texas for a massive natural gas pipeline, after months of back-and-forth with landowners that continue today.
Earlier this week, the energy infrastructure company announced they have secured 100 percent of the right of way for the Permian Highway Pipeline Project, which is a 42-inch, 430-mile pipeline extending from West Texas to the Gulf Coast. They can now begin construction in Central Texas once they get the necessary federal permits.
"To have that piece in a manner that is fair, that takes into account hundreds and hundreds of issues and concerns raised by landowners has led us to adjust the pipeline route almost 200 times," said Kinder Morgan Vice President Allen Fore. "These projects are absolutely critical, not only for the economic benefit for the state of Texas, but for the energy security of the United States. We're confident we followed the regulations."
This development comes amid months-long protest from Hill Country neighbors who own land the pipeline will go through.
Kay Pence says she moved to Fredericksburg for the peace and solitude the countryside has to offer. However, she knows that may soon become a thing of the past when construction begins.
"The quiet we enjoy at night will be gone," Pence said.
Last week, Pence joined a lawsuit with other Hill Country landowners, claiming the pipeline will be carrying natural gas that's not only from Texas, requiring the Federal Energy Regulatory Commission to regulate the pipeline, not the Railroad Commission of Texas.
This week, Hays County commissioners voted to join a lawsuit set to be filed against Kinder Morgan, the U.S. Fish and Wildlife Services, and the U.S. Army Corps of Engineers, in order to try and stop construction, claiming the pipeline will go through environmentally sensitive areas and put endangered species at risk.
Pence says these are attempts to at least slow down the start of construction.
"I give it a 50-50 shot that they won't have issues with their permitting, or I know there's several lawsuits pending, that that may hopefully have a judge place an injunction, and stop any building until it's finally decided in the courts once and for all that will decide whether or not they have the right to put the pipe through here," Pence said.
A court has already dismissed a lawsuit aimed at Kinder Morgan by the City of Kyle.
Fore says they have done everything by the book.
"We've always been confident not only in our legal position, but for the overall public purpose of this project," Fore said.
Pence says she feels she and other landowners never had a chance to decline Kinder Morgan's offers to place the pipeline through their property because of a lack of protections from eminent domain laws.
During the 2019 legislative session, lawmakers did not pass laws that sided with landowners, and throughout the process, Pence and other landowners have fought the assertion that the pipeline is considered a public benefit, which is protected under eminent domain.
Currently, Hill Country neighbors are still in the process of having condemnation hearings, which allows a court to hand down land values after hearing from both sides. More than 70 percent of Hill Country residents have taken this route.
Pence had her hearing after asking Kinder Morgan for $1.8 million to build through her land. The company provided two offers close to $100,000, before a final offer of $45,000. The court awarded Pence just more than $1.2 million.
Kinder Morgan has deposited the $1.2 million in the court registry, allowing them to begin construction. However, Pence is not withdrawing that money yet.
"If I leave it in the registry of the court, I am making a statement that I don't believe they have the right to take my land in the first place."
Pence says now, all she can do is wait for the court process to carry out.
"There is no process. We have no voice. We need a voice in this process," Pence said. "They're taking our land, so myself and the rest of the landowners in Gillespie County are frustrated. We haven't given up the fight. We'll continue the fight until the first shovel goes into the ground, and we'll probably continue to fight during that also."
In just a matter of weeks, Kinder Morgan may soon break ground on construction in Central Texas for a massive natural gas pipeline, after months of back-and-forth with landowners that continue today.
Earlier this week, the energy infrastructure company announced they have secured 100 percent of the right of way for the Permian Highway Pipeline Project, which is a 42-inch, 430-mile pipeline extending from West Texas to the Gulf Coast. They can now begin construction in Central Texas once they get the necessary federal permits.
"To have that piece in a manner that is fair, that takes into account hundreds and hundreds of issues and concerns raised by landowners has led us to adjust the pipeline route almost 200 times," said Kinder Morgan Vice President Allen Fore. "These projects are absolutely critical, not only for the economic benefit for the state of Texas, but for the energy security of the United States. We're confident we followed the regulations."
This development comes amid months-long protest from Hill Country neighbors who own land the pipeline will go through.
Kay Pence says she moved to Fredericksburg for the peace and solitude the countryside has to offer. However, she knows that may soon become a thing of the past when construction begins.
"The quiet we enjoy at night will be gone," Pence said.
Last week, Pence joined a lawsuit with other Hill Country landowners, claiming the pipeline will be carrying natural gas that's not only from Texas, requiring the Federal Energy Regulatory Commission to regulate the pipeline, not the Railroad Commission of Texas.
This week, Hays County commissioners voted to join a lawsuit set to be filed against Kinder Morgan, the U.S. Fish and Wildlife Services, and the U.S. Army Corps of Engineers, in order to try and stop construction, claiming the pipeline will go through environmentally sensitive areas and put endangered species at risk.
Pence says these are attempts to at least slow down the start of construction.
"I give it a 50-50 shot that they won't have issues with their permitting, or I know there's several lawsuits pending, that that may hopefully have a judge place an injunction, and stop any building until it's finally decided in the courts once and for all that will decide whether or not they have the right to put the pipe through here," Pence said.
A court has already dismissed a lawsuit aimed at Kinder Morgan by the City of Kyle.
Fore says they have done everything by the book.
"We've always been confident not only in our legal position, but for the overall public purpose of this project," Fore said.
Pence says she feels she and other landowners never had a chance to decline Kinder Morgan's offers to place the pipeline through their property because of a lack of protections from eminent domain laws.
During the 2019 legislative session, lawmakers did not pass laws that sided with landowners, and throughout the process, Pence and other landowners have fought the assertion that the pipeline is considered a public benefit, which is protected under eminent domain.
Currently, Hill Country neighbors are still in the process of having condemnation hearings, which allows a court to hand down land values after hearing from both sides. More than 70 percent of Hill Country residents have taken this route.
Pence had her hearing after asking Kinder Morgan for $1.8 million to build through her land. The company provided two offers close to $100,000, before a final offer of $45,000. The court awarded Pence just more than $1.2 million.
Kinder Morgan has deposited the $1.2 million in the court registry, allowing them to begin construction. However, Pence is not withdrawing that money yet.
"If I leave it in the registry of the court, I am making a statement that I don't believe they have the right to take my land in the first place."
Pence says now, all she can do is wait for the court process to carry out.
"There is no process. We have no voice. We need a voice in this process," Pence said. "They're taking our land, so myself and the rest of the landowners in Gillespie County are frustrated. We haven't given up the fight. We'll continue the fight until the first shovel goes into the ground, and we'll probably continue to fight during that also."
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