Partner Jeffrey Simmons was quoted in a Law360 article, “Land Grab: Property Owners Fight Back Against Pipeline IOUs,” about whether the U.S. Supreme Court is likely to hold that so-called quick-take seizures by pipeline companies are unlawful.
Simmons, who has represented pipeline companies in condemnation cases, said a consensus has formed that making pipelines wait could become a nightmare. “The problem with [a Seventh Circuit decision holding that a pipeline company lacks the authority to build anything before payment is agreed upon] as a practical matter is that, if they can’t take it right away, it can delay the project for years,” he said. “And from the courts’ view, there’s very little question that they’ll get the property eventually.”
He also said there’s nothing “inherently unfair” about letting construction proceed quickly and allowing the parties to work out the price later.
Simmons, who has represented pipeline companies in condemnation cases, said a consensus has formed that making pipelines wait could become a nightmare. “The problem with [a Seventh Circuit decision holding that a pipeline company lacks the authority to build anything before payment is agreed upon] as a practical matter is that, if they can’t take it right away, it can delay the project for years,” he said. “And from the courts’ view, there’s very little question that they’ll get the property eventually.”
He also said there’s nothing “inherently unfair” about letting construction proceed quickly and allowing the parties to work out the price later.
Related News
23 April 2024
In the News
David Sanders Discusses Lessons Learned from General Counsel Leadership Program
Foley & Lardner LLP partner David Sanders recently joined a panel discussion with members of The Vanguard Network’s General Counsels Advisory Group to discuss the evolving role of the general counsel.
23 April 2024
In the News
Claire Marblestone Discusses HHS Final Rule on Protected Health Information Disclosure
Foley & Lardner LLP Claire Marblestone assessed the U.S. Department of Health and Human Services’ final rule that bars providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act from disclosing protected health information in a Healthcare Dive article.
22 April 2024
In the News
Scott Ellis Comments on Big Law Recruiting Ramp Up – “Right out of the box, you’re looking at them as new hires”
Foley & Lardner LLP partner Scott Ellis offers insight on the rise of early recruitment by major law firms and its impact on law students in the Bloomberg Law article, “Big Law Skips Ahead of On-Campus Recruiting in Talent Race."