Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast) - Oil and Gas, Pipelines and Fossil Fuel. Where Is All This Headed?

Oil and Gas, Pipelines and Fossil Fuel. Where Is All This Headed?

04/05/22 • 55 min

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Infrastructure Junkies! Exploring Eminent Domain, Right of Way, and Infrastructure Development (formerly The Pendulum Land Podcast)

Tom Forestier, a partner with Winstead, PC, has represented some of the largest companies in the oil and gas industry for his entire career. Tom joins Infrastructure Junkies! to discuss how the oil and gas industry has lost public support, the disfavor of fossil fuels, and the difficulty of building pipelines in this new era. And did someone mention bourbon? Yes, please!

Previous Episode

Maximizing Business Relocation Benefits: Sweep the Leg, Johnny!!

Your hosts explore application of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, to businesses impacted by a right of way or eminent domain project. Martyn Daniel, an eminent domain and business relocation consultant and Brandee Caswell, an attorney who assists large companies with complex relocations, offer their perspectives on application of the URA to this complex and sometimes imperfect process. Find out the role of the Karate Kid in relocations, and whose alter ego is Daniel Larusso, Johhny Lawrence, Mr. Miyagi and Ali with an "i"!

This episode is generously sponsored by Blackbird Right of Way LLC.

Next Episode

Indian Property Rights and Right of Way Projects!

Indian property rights scholar Bethany Berger, a professor at the University of Connecticut School of Law, joins Infrastructure Junkies! to explain the intersection between Indian rights and right of way projects and infrastructure development in the United States. She discusses the derivation of Indian property interests, how Indian reservations were established, the laws that govern Indian property rights, the source of those laws, and the effects of burial grounds and Indian artifacts on a project.

For more information on this topic, the regulation on rights of way over trust and restricted lands on reservations can be found at 25 CFR 169 (there are some older statutes that apply to reservations generally), and the best resource to find out more about Indian property rights is Cohen’s Handbook on Federal Indian Law, which is available on Lexis (but not Westlaw). Ch.15, section 15.09[4] is all about rights of way, and Ch.20 section 20.02[3] is all about the National Historic Preservation Act.

Special thanks to our sponsor, Blackbird Right of Way, a full service, DBE certified right of way company, for making this episode possible.