Public Restrictions on Real Estate

Public Restrictions: Keystone Pipeline

Assignment #2, Task #2

On the flip side of restrictions on real estate is that of public restrictions. Since it's pretty evident, it's probably no question that these restrictions are imposed by any form of government. These restrictions, like private restrictions, dictate the uses of land and include several forms. Public restrictions include taxes, the right of eminent domain, police power, and more. Of these, I have chosen to focus on a fairly common restriction known as Eminent Domain.

Eminent Domain is a power granted to the government to acquire private property for public use. To further illustrate this concept, I have found an article from the Nebraska Radio Network which once again deals with this restriction in the oil & gas industry. This article, which focuses on landowners disapproval of the Keystone XL Pipeline owned by TransCanada, talks about eminent domain in the condemnation proceedings currently being held at the Nebraska State Capitol in Lincoln. These proceedings, which focus on a new bill being brought forth to protect private landowners from eminent domain, are ongoing and involve a vast amount of anti-pipeline rallying. This bill will require the forces at be to obtain all necessary permits before condemnation and to appropriately illustrate how their acquisition of land is for public purpose. Situations like these are common and will occur more frequently as the need for oil pipelines become more prevalent and important. While public restrictions grant authority to seize land for specific uses, the interests of private ownership must always be considered, especially in instances such as these.