Another SCOTUS decision that needs to be fixed...

pintail2222

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Oh I thought they had a easement to the property in case they needed to work on the pipeline later on in the future.

Like the land owners had a clear title then they ended up with easement on it.

I had no idea they left the land owners with a 100% clean title with no one else being able to access their land without permission. I will have to check out and see if what you are saying is factual. I just thought the landowners ended up with a different type of title (deeded easment) on the pipeline land.
There would be no cloud on a title due to an easement if the easement is recorded w/ the county.
 

API

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The landowners name is still on the deed as title holder and property owner.
Yup. Part of escrow when purchasing real property is disclosure of any easements that may have been granted. The buyer signs off acknowledging these disclosures. If one is not in agreement with those existing easements, then it's simple... don't do the deal. After escrow closes, it's too late.
 

stevena198301

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The land isn’t being “taken”. An easement is going in beneath the surface of the land.

The landowners name is still on the deed as title holder and property owner.
Y’all are arguing with Lip still? He still waiting for that “gotcha” moment?
 

Lip Shooter

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Y’all are arguing with Lip still? He still waiting for that “gotcha” moment?
Nah I’m just waiting for pinny to give me a easement on his land in NoDak.

He will still own it so no big deal, I will just access to it for life. And I won’t even bury anything on it.
 

stevena198301

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Nah I’m just waiting for pinny to give me a easement on his land in NoDak.

He will still own it so no big deal, I will just access to it for life. And I won’t even bury anything on it.
Are you gonna pay him for the easement? One time payment, or recurring with use?
 

OneShotBandit

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There's an easement across the corner of my yard for a sewer line. That mans the city can work on the line if it has a problem. But it's still my land and it's still deeded to me. I can sell it if I want to.
^^^^THIS!
 

Steelshot Scott

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If there was no eminent domain, there would be no civilization. But it is a tool that should be rarely used, and only for the betterment of society in the traditional sense of the word.

Local story about a man who used to live within 5 miles of where I live now.

In the first half of the last century, the only people in the country where I live that had electricity were the people in the nearby town as they had their own Edison power plant(that produced DC power). It is still standing today. A larger power co-op producing AC current wanted to come in and electrify the entire county(in fact, a number of counties). Everyone welcomed this with open arms, but it meant they had to run power lines over people's property. Everyone was cooperating, all except one man.

He was a large landowner and well known local lunatic. He was known to sit on the roof of a hearse(as a subliminal death threat) he set up near the road and heckle travelers and warn them to stay off his land. He wouldn't grant the right to pass over his huge landholdings. He would wind up killing the entire project. They put the lines over his land using eminent domain and the county got power. He repeatedly attacked the line crews until he was fixing to get locked up in the looney bin when he finally stopped. Died ranting a fews years later.

If there was no eminent domain, there would be no roads. No bridges. In short, no civilization.
 

BigSkyDuk

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Nah I’m just waiting for pinny to give me a easement on his land in NoDak.

He will still own it so no big deal, I will just access to it for life. And I won’t even bury anything on it.
Actually, what you’re describing is closer to a Life Estate than an easement.
 

Lip Shooter

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Actually, what you’re describing is closer to a Life Estate than an easement.
Nope I am currently looking at having a easement filed on my extra lot next to my home. Once our development was completed to change a property line is a real SOB. Cost about 4k and I would need 100% of the homeowners consent to change the plat map. Or I can have permanent easement filed giving the owner of my PID full access and use of the described (dimensions) portion of that lot. Even to the point of putting a temporary structure on it. Now my situation is way more extreme, but can be done.

If the keystone pipeline was owned by our government I could support the eminent domain laws that were passed in Montana and SoDak. Private foreign country nope I can’t support it. Just me I guess
 

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