In this year's Nebraska legislative session, Bold supported Sen. Bostar's LB 1186, a common-sense bill intended to protect Nebraska landowners and taxpayers so that we are never left held holding the bag cleaning up a corporation’s potential mess.

While the bill did not advance, it would have: made the Oil Pipeline Reclamation Act applicable to other kinds of hazardous liquid pipelines, including carbon pipelines; provides for reclamation of land after the end of a pipeline’s operations; and provide for a reclamation fund to pay for the potential removal of equipment and restoration of lands.

Now, Bold is supporting Sen Bostar's LR 421, which would create an interim study to examine property rights issues. We encourage you to use this form to urge Senators on the Judiciary Committee to support LR 421:

"In order to carry out the purpose of this resolution, the committee shall seek the assistance of attorneys with experience in eminent domain.

The right to own property is fundamental to American law.

The Fifth Amendment to the United States Constitution provides that private property cannot be taken without due process and that such property can only be taken for a public use with just compensation.

Article I, section 3, of the Nebraska Constitution requires due process to take private property and Article I, section 21, requires just compensation for property taken for public use.

Eminent domain is a process by which the government takes property from unwilling property owners and should be used only as a last resort.

An easement taken by eminent domain may permanently alter the character of the land and its surroundings, including impacts on natural resources, and may create liabilities which fall on the property owner.

Section 76-710.04 restricts the use of eminent domain for economic development purposes but carves out certain exceptions including exceptions for a pipeline and a transmission line.

An easement taken by eminent domain for major infrastructure projects like pipelines may create abandonment, restoration, and reclamation issues.

A one-time payment for a permanent easement for a pipeline project that generates income for a private business may not provide just compensation to the property owner as required by the state and federal constitutions.

The use of zoning by local jurisdictions may provide one means of protection for property owners.

Limiting easements for property taken for LR421 2022 LR421 2022 -1- private gain to a term of years or requiring reversion to the property owner upon abandonment may provide other means of protecting property owners.