TOPEKA, KAN. (RFD NEWS) — Private property rights remain a major issue for farmers and ranchers as two recent eminent-domain cases highlight the ongoing debate over how those rights are interpreted and protected.
Roger McEowen with the Washburn School of Law joined us on Wednesday’s Market Day Report to discuss a North Dakota case involving a private pipeline company and a Colorado case involving water infrastructure, both of which raise questions about the balance between public projects and private land protections.
In his interview with RFD News, McEowen explained that the North Dakota Supreme Court ruled a private pipeline company could not use eminent domain for a project that primarily benefited private interests, reinforcing the idea that condemnation requires a genuine public use. He noted the case is now before the U.S. Supreme Court, which will consider questions surrounding the role of state versus federal authority in property rights decisions.
McEowen went on to discuss the agricultural significance of the cases, explaining that property rights have historically been defined and protected under state law. He emphasized that expanding federal authority could affect how farmers and ranchers are regulated on their own land.
McEowen also reviewed a second case from Colorado involving water rights. In this case, however, the state Supreme Court took a broader view of eminent domain authority for a government water enterprise.
In closing, he emphasized how these cases could have long-term implications for future infrastructure projects, including those involving large agricultural land footprints, such as data centers and other developments.
READ MORE: Eminent Domain and Property Rights Risks - Firm to Farm
