Document Type
Article
Publication Date
1-2014
Journal Title
LSU Journal of Energy Law and Resources
ISSN
2325-2685
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.
First Page
29
Volume Number
3
Publisher
Louisiana State University
Recommended Citation
Andrew P. Morriss, Roy Brandys & Michael M. Barron,
Involuntary Cotenants: Eminent Domain and Energy and Communications Infrastructure Growth,
3
LSU J. Energy L. & Resources
29
(2014).
Available at:
https://scholarship.law.tamu.edu/facscholar/157