Keystone pipeline runs into legal troubles

[Unitedwestand13]

never doubt the power of an effective lawsuit.

A Nebraska judge has halted condemnation of private land for the Keystone XL pipeline, while new legal challenges to the project make their way through the courts.

Nearly 70 landowners sought the temporary injunction Thursday to block TransCanada Corp. from using eminent domain to secure right-of-way for the controversial oil pipeline.

Holt County District Judge Mark Kozisek ordered a stop to land acquisition until the landowners’ lawsuit is resolved. Jane Kleeb, director of the environmental advocacy group Bold Nebraska, which opposes the pipeline primarily over the threat to a vital underground aquifer, called the decision a victory for landowners who’ve refused voluntary agreements with the company.

“We will ... see them in our Supreme Court to finally get clarity on the legality of a foreign corporation using eminent domain for private gain,” she said in an email after the hearing at the courthouse in O’Neill.

Lawyers for TransCanada agreed to the injunction during Thursday’s court hearing in O’Neill, said Mark Cooper, a company spokesman.

“As part of the agreement, we are seeking an accelerated trial schedule to expedite the process,” he added.

Keystone XL: Lawsuit halts TransCanada land acquisitions - Omaha.com: Nebraska

 

[joko104]

That's an interesting legal theory. Can eminent domain be used for the benefit of a foreign corporation for the profit of that corporation? This is a very different question than environmental issues.

 

[OrphanSlug]

I've been talking about this for a while now and am happy someone else brought it up.

At the end of the day we are talking about a pipeline change so that a foreign owned company has an easier time getting more of their Oil Sands product onto a boat for export, and to do so they are using our own government against our own citizens as land owners.

Sad...

 

[Lord of Planar]

That's an interesting legal theory. Can eminent domain be used for the benefit of a foreign corporation for the profit of that corporation? This is a very different question than environmental issues.

I actually hope they prevail on this.

I could actually care less about a pipeline one way or another. I don't like eminent domain. If eminent domain is to be used, I don't want it for profit of any corporation, especially foreign!

 

[Hamster Buddha]

never doubt the power of an effective lawsuit.



Keystone XL: Lawsuit halts TransCanada land acquisitions - Omaha.com: Nebraska

One could argue that this isn't about environmental stuff, perhaps this is in the wrong place?

 

[Unitedwestand13]

One could argue that this isn't about environmental stuff, perhaps this is in the wrong place?

there is a group supporting the lawsuit due to environmental concerns about the pipeline.

Holt County District Judge Mark Kozisek ordered a stop to land acquisition until the landowners’ lawsuit is resolved. Jane Kleeb, director of the environmental advocacy group Bold Nebraska, which opposes the pipeline primarily over the threat to a vital underground aquifer, called the decision a victory for landowners who’ve refused voluntary agreements with the company.

“We will ... see them in our Supreme Court to finally get clarity on the legality of a foreign corporation using eminent domain for private gain,” she said in an email after the hearing at the courthouse in O’Neill.

 

[joG]

never doubt the power of an effective lawsuit.



Keystone XL: Lawsuit halts TransCanada land acquisitions - Omaha.com: Nebraska

That is one of the tradeoffs of good legal systems. Physical investment is more risky and therefore more expensive. less happens. Fewer jobs. Wages fall. And all that stuff.

The upside is that the laws tend to be followed better.

 

[azgreg]

I've been talking about this for a while now and am happy someone else brought it up.

At the end of the day we are talking about a pipeline change so that a foreign owned company has an easier time getting more of their Oil Sands product onto a boat for export, and to do so they are using our own government against our own citizens as land owners.

Sad...

I actually hope they prevail on this.

I could actually care less about a pipeline one way or another. I don't like eminent domain. If eminent domain is to be used, I don't want it for profit of any corporation, especially foreign!

I agree. Build it, don't build it whatever, but the use of eminent domain is bull****.

 

[Unitedwestand13]

I agree. Build it, don't build it whatever, but the use of eminent domain is bull****.

if this lawsuit succeeds the current plan to build the pipeline might have to be scrapped.

 

[azgreg]

if this lawsuit succeeds the current plan to build the pipeline might have to be scrapped.

That would be horrible.












:mrgreen:

 

[Sietske22]

Really? We're going to let a foreign private corporation use eminent domain to force American land owners to sell their land, so they can make billions of dollars selling oil to other countries, while not paying any property taxes to the USA?

Shame on the USA if we would allow such a disgusting thing.

 

[Thrilla]

never doubt the power of an effective lawsuit.



Keystone XL: Lawsuit halts TransCanada land acquisitions - Omaha.com: Nebraska

they'll probably lose... .the law is pretty clear pertaining to the use of eminent domain regarding pipelines.

Nebraska Legislature

76-710.04. Economic development purpose; restriction on use of eminent domain.
(1) A condemner may not take property through the use of eminent domain under sections 76-704 to 76-724 if the taking is primarily for an economic development purpose.
(2) For purposes of this section, economic development purpose means taking property for subsequent use by a commercial for-profit enterprise or to increase tax revenue, tax base, employment, or general economic conditions.
(3) This section does not affect the use of eminent domain for:
(a) Public projects or private projects that make all or a major portion of the property available for use by the general public or for use as a right-of-way, aqueduct, pipeline, transmission line, or similar use;
(b) Removing harmful uses of property if such uses constitute an immediate threat to public health and safety;
(c) Leasing property to a private person who occupies an incidental part of public property or a public facility, such as a retail establishment on the ground floor of a public building;
(d) Acquiring abandoned property;
(e) Clearing defective property title;
(f) Taking private property for use by a utility or railroad;
(g) Taking private property based upon a finding of blighted or substandard conditions under the Community Development Law if the private property is not agricultural land or horticultural land as defined in section 77-1359; and
(h) Taking private property for a transmission line to serve a privately developed facility generating electricity using wind, solar, biomass, or landfill gas. Nothing in this subdivision shall be construed to grant the power of eminent domain to a private entity.

 

[longview]

I absolutely think eminent domain is the wrong tool for this job, but would like to offer
that the keystone pipeline is not about Canadian company profits, but UR refineries.
The Pipeline will supply a less expensive way of delivering raw materials to a manufacturing plant.
In this case the manufacturing is the refining crude oil into finished oil based products.
Without using eminent domain, the rights to use the land could still be achieved,
just at more cost of time and money.

 

[minnie616]

Really? We're going to let a foreign private corporation use eminent domain to force American land owners to sell their land, so they can make billions of dollars selling oil to other countries, while not paying any property taxes to the USA?

Shame on the USA if we would allow such a disgusting thing.

I agree.

Allowing a for profit private foreign company to use private property under the guise of Eminent Domain screams misuse of Eminent Domain to me.

Emanate Domain was supposed to be only used but our government for roads, bridges, etc. and by public utility companies.

 

[OrphanSlug]

I agree.

Allowing a for profit private foreign company to use private property under the guise of Eminent Domain screams misuse of Eminent Domain to me.

Emanate Domain was supposed to be only used but our government for roads, bridges, etc. and by public utility companies.

More than that, the overall intention was our mutual benefit in some regard. As in all of us with infrastructure or some other type of improvement. Allowing TransCanada a better way to get more of their product to the gulf for export hardly qualifies. And more surprisingly, we have few "Republicans" willing to come to this thread and defend TransCanada using the US (mainly Republicans by the way, but a few Democrats as well) to move US landowners out of the way with eminent domain. Welcome to oligarchy, it is clearly here.

 

[longview]

More than that, the overall intention was our mutual benefit in some regard. As in all of us with infrastructure or some other type of improvement. Allowing TransCanada a better way to get more of their product to the gulf for export hardly qualifies. And more surprisingly, we have few "Republicans" willing to come to this thread and defend TransCanada using the US (mainly Republicans by the way, but a few Democrats as well) to move US landowners out of the way with eminent domain. Welcome to oligarchy, it is clearly here.

TransCanada would use the pipeline to deliver raw material to the refineries.
The US refineries would refine those into finished hydrocarbon products for sale.
I don't think eminent domain is the right way to do this, but I also don't think
anyone will have to move. Where the pipeline actually runs, there will likely be restrictions
on dirt farming within about 20 years ether side of the pipeline, but beyond that not much else.

 

[OrphanSlug]

TransCanada would use the pipeline to deliver raw material to the refineries.
The US refineries would refine those into finished hydrocarbon products for sale.
I don't think eminent domain is the right way to do this, but I also don't think
anyone will have to move. Where the pipeline actually runs, there will likely be restrictions
on dirt farming within about 20 years ether side of the pipeline, but beyond that not much else.

I simply cannot support this. I'm impressed others do (that is not necessarily aimed at you.)

And I disagree on this being a benefit to much other than TransCanada.

 

[longview]

I simply cannot support this. I'm impressed others do (that is not necessarily aimed at you.)

My disagreement is with using eminent domain.
I think they could reach agreements with the land owners to ether lease the strip of land,
or buy it outright.
Many properties have utility right of ways through them, and there are minimal restrictions.
With pipelines, herd animals are usually ok, but not plowing the ground of planting trees.