You Helped Us Win
There was a bill in the legislature trying to reverse the 2012 Colorado Supreme Court’s ruling that denied the right to exercise eminent domain for pipelines carrying oil.
UPDATE 4/2/14: !2:00 p.m. flash! We’ve just learned that this bill was “postponed indefinitely”, or killed, this session. The battle is not yet over. Industry will not quit and neither will the humans.
UPDATE 4/2/14: SB-93 passed out of the House Judiciary Committee on March 13th. The second reading in the House will be on Friday, April, 4th – there is still time to contact your state Representatives to stop this bill. Our non-partisan message is that this is a property rights issue.
UPDATE 3/19/14: SB-93 passed out of the House Judiciary Committee on March 13th.
UPDATE 3/12/14: We now know that this bill will go to the House Judiciary Committee TOMORROW 3/13. Our non-partisan message is that this is a property rights issue. It’s still best to contact your Representative below, but if you can also reach out to any of the members of the Committee, that would be helpful: House Judiciary Committee
In 2012 the Colorado Supreme Court held that the statutory language of 38-5-105 did not encompass a petroleum pipeline company and that therefore the petroleum pipeline company was not entitled to exercise eminent domain. This authority was used by petroleum companies for decades before the Supreme Court weighed in. In particular, the Court said that a statute must authorize condemnation expressly or by necessary implication in order for a governmental entity to exercise the power of eminent domain. (Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42 (Colo. 2012)). The practical outcome of the decision was that the statute authorizes condemnation for the construction of electric power infrastructure only, not for petroleum pipelines. The proposed language of SB14-093 will permit condemnation for pipelines carrying petroleum products.