Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> National Eminent Domain Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Real Estate & Property Law
: National Eminent Domain BlogFallout from Energy Act
By Alan Ackerman
As discussed in Fallout from the Energy Policy Act of 2005, Pt 1, the United States federal government is taking a more and more integral role in the distribution and transmission of electricity and in the energy sector throughout the U.S. And such is the result of both federal regulations and laws mandating the deregulation of public utilities as well as the repeal of the Public Utilities Holding Company Act (PUHCA) of 1935, as mandated in the Energy Policy Act of 2005 (EPAct 2005). It will prove to have profound impacts on the future of not only the fiscal health of public utilities but the oversight of their maintenance and the future construction of transmission lines.
This continuing report, on the exploration of EPAct 2005, will focus upon a section of the law which has not been clearly articulated for the American people by either the Department of Energy (DOE) or members of either the U.S. House of Representatives or the U.S. Senate. Yet, this complex and important body of law represents but an ad hoc and unilateral takeover of not only the direction of energy policy but the very delivery system which Americans rely upon in order to live. …
…And to add insult to injury, Section 216(e) of EPAct 2005 on Rights-of-Way, "If a permit holder cannot obtain the necessary rights-of-way for the project, the permit holder can acquire the rights-of-way through an eminent domain proceeding in the federal district court where the property is located." And furthermore, in Section 216(f), "A right-of-way acquired in an eminent domain proceeding is a taking of private property for which the landowner must receive just compensation, which is the fair market value on the date of exercise of eminent domain."
Therefore, any fluctuation or rise in real estate property values during the course of the proceeding and including any period of time due to litigation arising from such a proceeding to the time of completion of the project, if finally approved, would not be taken into consideration. And the compensation or fair market value of the property to its owner would be locked in by the date of the initial date of the proceeding, which could potentially be years, as in the case of Kelo v. City of New London, CT 545 U.S. 469 (2005).
This is an interesting contrarian review of the now omnipresent energy policy, which will control transmission activity for years to come.
Full post as published by National Eminent Domain Blog on April 26, 2009 (boomark / email).
FRS Healthy Energy
alleging the quercetin benefits from FRS energy products are a scam.
Two Energy Companies Settle Whistleblower Qui Tam Suit
Two Energy Companies Settle Whistleblower Qui Tam Suit
Orion Energy Systems, Inc.
401K / ERISA Stock Fraud
Hardcore Energy Drinks
FDA, Health Canada Warn of Suspected Tampering
Valero Energy
Faces National Labor Class Action
N.Y. Nightclub Owner
Settlement reached Red Bull Energy Drink lawsuit.

Fallout from Calif. suit brings feast for litigators.
Renewable Energy Bill Passes House
Tennessee Abortion Vote Fallout Continues, Democrats Claim Partisan Intent
Environmentally-Friendly Energy Policy:







