Podcast Episode 40 – Pipeline Right to Take Question – The Puntenney Case

In Episode 40 of the Eminent Domain Podcast, I discuss a right to take issue involving pipelines that was highlighted in the recent Iowa Supreme Court opinion in Puntenney v. Iowa Utilities Board. Here’s the issue: if a pipeline is transporting product that is not being used in the state it is crossing (and, at times, is not even transporting product produced in the state it is crossing), is that a public use? I believe this issue will arise more often after the regulations prohibiting overseas shipping of domestically produced oil and gas were lifted in 2015. The property owner in the Puntenney case has recently filed a Petition for Writ of Certiorari. More background about the case can be found at Robert Thomas’ blog here: https://www.inversecondemnation.com/inversecondemnation/2019/05/iowa-dakota-access-pipeline-will-promote-the-public-convenience-for-iowa-even-if-iowans-dont-get-any.html

If you will be at the ALI CLE national Eminent Domain Conference in Nashville, Tennessee, please come say hello. Information can be found here: https://www.ali-cle.org/course/CB005

Please share your thoughts on the show or this episode with me. I’m on Twitter @J_Clint. If you have thoughts about future show guests or ideas for episodes, please let me know.

My webpage bio is here: http://www.dawsonsodd.com/attorneys/clint-schumacher/