Attorney Dave Domina contributed the feature article in The Nebraska Lawyer's January/February 2015 issue. In it, he discussed eminent domain and for-profit energy companies.
"Nebraska's rich tradition of public power faces a new challenge. Privately owned, for profit, alternative energy generating systems and sources are becoming prominent across the state," opened Dave Domina in his feature article for The Nebraska Lawyer magazine. What is happening in Nebraska is not isolated, but rather part of a global debate on topics like greenhouse gas emissions and renewable energy.
Two major characteristics distinguish public power and these new private energy companies in Nebraska. The latter:
- Are taxpayers rather than political subdivisions
- Do not have the power of eminent domain unless legislature grants it to them
Domina argues that Nebraska must be proactive in its policy to mitigate the imminent clashes created by these differences. The article goes on to give examples from TransCanada's Keystone XL pipeline, discusses just compensation, and dissects the public purpose doctrine. To read the article in full, view "Eminent Domain & For-Profit Energy Companies: Avoiding Unrest with Landowners."