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
25 July 2024
In the News
Donald Schroeder on Groff – ‘Supreme Court decision is inviting a more fact-based analysis’
Foley & Lardner LLP partner Donald Schroeder assessed the impact of the U.S. Supreme Court’s 2023 decision in a religious accommodation case as it returns to the district court in the Law360 article, “A Year After High Court Spotlight, Groff Case Still A Bellwether.”
24 July 2024
In the News
Louis Lehot Featured in Q&A on How Startups Can Prepare for IPO
Foley & Lardner LLP partner Louis Lehot features in the Q&A, "How startups can get in top shape for an IPO, according to Silicon Valley lawyer Louis Lehot," part of Business Insider's Road to IPO' series.
24 July 2024
In the News
Courtenay Brinckerhoff on Patent Cap in Drug Pricing – ‘Hard to predict if this will make a difference’
Foley & Lardner LLP partner Courtenay Brinckerhoff discussed a recent bill passed in the U.S. Senate aimed at lowering drug prices by limiting the number of patents that can be asserted in cases over biosimilars in the Law360 article, “Patent Cap In Drug Pricing Bill Seen As Having Muted Effect.”