Tip #2: Know Your EMINENT DOMAIN laws

part of know your RLP (Rights, Land, People) - this tip falls under “Rights"

This tip is a fun one for sure. You used your after-tax dollars to purchase your property. You've worked to steward it, perhaps have built a home and maybe even a business on that very land. And then, a public or private entity wants some or all of it. What's a landowner to do?

Before that day comes, know your rights and the laws within your state. Don't like what is (or isn't included)? Find legislators that truly care for their constituents and the land and see what you can do to preserve property rights and land usability.

In our property situation, we found that back in the 1980’s Trailblazer Pipeline and its subsidiaries used eminent domain to condemn the land of property owners who wouldn't sign their easement. Under the Natural Gas Act (NGA), they were able to take the land for natural gas (methane) purposes ONLY.

This meant that when they decided to transition the pipeline to CO2, they had to get updated agreements. (Ours was not condemned - but did strikeout all purposes other than gas - and they did not get an updated agreement, leaving the question of it was intentional or a procedural omission.)

Where to find your state’s eminent domain laws:

1. A quick search “[your state’s] eminent domain laws”

2. State government website

National / Multi-State Resources

• Justia's 50-state eminent domain law library: https://law.justia.com/codes/

• Institute for Justice — state eminent domain report cards and reform tracking: https://ij.org

• Owners' Counsel of America — state-by-state landowner attorney network and resources: https://ownerscounsel.com

• National Conference of State Legislatures — eminent domain legislation tracker: https://ncsl.org

Colorado

• Colorado Revised Statutes, Title 38 — Eminent Domain (official text): https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.pdf

• C.R.S. § 38-1-201 & 202 — entities authorized to exercise eminent domain (Justia): https://law.justia.com/codes/colorado/title-38/eminent-domain/article-1/part-2/section-38-1-201/

• Colorado eminent domain overview: https://eminentdomain.uslegal.com/state-laws-on-eminent-domain/colorado/

• FindLaw Colorado eminent domain statute page: https://codes.findlaw.com/co/title-38-property-real-and-personal/co-rev-st-sect-38-1-201/

Nebraska

• Nebraska Revised Statutes, Chapter 76, Article 7 — Eminent Domain: https://nebraskalegislature.gov/laws/browse-chapters.php?chapter=76

• Justia Nebraska eminent domain code: https://law.justia.com/codes/nebraska/

Kansas

• Kansas Statutes, Chapter 26 — Eminent Domain Procedure Act: https://www.ksrevisor.org/statutes/chapters/ch26/

• Justia Kansas eminent domain code: https://law.justia.com/codes/kansas/

Missouri

• Missouri Revised Statutes, Chapter 523 — Eminent Domain: https://revisor.mo.gov/main/OneChapter.aspx?chapter=523

• Justia Missouri eminent domain code: https://law.justia.com/codes/missouri/

South Dakota

• South Dakota Codified Laws, Title 21, Chapter 35 — Eminent Domain: https://sdlegislature.gov/Statutes/Codified_Laws/2077295

• Justia South Dakota eminent domain code: https://law.justia.com/codes/south-dakota/

Iowa

• Iowa Code, Chapter 6B — Eminent Domain: https://www.legis.iowa.gov/law/iowaCode/chapters?title=I&back=chapterList&year=2024

• Justia Iowa eminent domain code: https://law.justia.com/codes/iowa/

Illinois

• Illinois Compiled Statutes, 735 ILCS 30 — Eminent Domain Act: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2438

• Justia Illinois eminent domain code: https://law.justia.com/codes/illinois/

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Future tips will be found right here: https://www.humefarmstead.com/tips-info

As a landowner, you will be most empowered when you know your RLP. Your Rights, Your Land, and Your People.

• Rights - easements, mineral rights, setbacks and county regs, eminent domain laws, valuation impacts of choices, spiritual rights (prayer, blessing, anointing, territory)

• Land - what’s on, under, overhead, nearby infrastructure and hazards, water and water concerns, wildlife and livestock habits, use apps like Land ID + NPMS

• People - prior owners, neighbors (fellow guardians vs. sellouts), elected officials, activist groups who fight against or for the things you care about, don’t stay quiet - it will not pay off