TransCanada files eminent domain petitions against holdout landowners opposing Keystone XL pipeline

[Omaha Steve]

Source: Omaha World Herald

By Joe Duggan

LINCOLN — The Canadian company that wants to build the Keystone XL pipeline filed legal action Tuesday against the holdout landowners in an effort to secure the remaining right-of-way for the controversial project.

A representative for TransCanada Corp. said eminent domain petitions were filed in nine counties against “less than 90” landowners. The landowners represent the last people along the 1,187-mile pipeline route to refuse voluntary easement agreements.

“This is just another step in the process,” said Andrew Craig, land manager for the Keystone projects. “Eminent domain has a ring of finality, but we still remain committed to reaching voluntary agreements.”

Under a 2012 state law that approved the pipeline route in Nebraska, the company had until Thursday to file eminent domain actions. Court hearings will follow and an independent panel will determine the value for easements and any crop damage caused by pipeline construction before a judge orders the land condemned.



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Read more: http://www.omaha.com/news/nebraska/transcanada-files-eminent-domain-petitions-against-holdout-landowners-opposing-keystone/article_0ad8dda1-395f-5efb-ba2e-af63e7c682b1.html

[djean111]

4. Thanks to the TPP and other "trade" agreements, those foreign companies will be able

to sue us for perceived lost profits. So the taxpayers are on the hook for the settlements. Plus - foreign companies can, I believe, have local and state, not to mention sovereign country, laws and regulations overturned or weakened.
This is whyI will not be able to watch the SOTU tonight; I don't want to actually see Obama shill for the TPP.

[blkmusclmachine]

10. Obama is nothing more than an empty suit for the 1%.

[jwirr]

2. A foriegn country is filing eminent domain in our country? I think that eminent domain is supposed

to be only in the interest of the common good. We are not going to get anything out of this pipeline. It is not our oil and it is going on the world market. Whose common good?

[Plucketeer]

3. This is probably what the TPP will look like.

LOL!!! And we got us a community organizer who's itching to force it up this "community's" rear.

[djean111]

5. The Corporate Investor State common good. Seriously. n/t

[Veilex]

8. "eminent domain is supposed to be only in the interest of the common good" - You're correct.

Keystone is anything BUT in the interest of the common good.

[silvershadow]

13. Yes, exactly HOW can a foreign country use imminent domain in our own? This sounds

like a hail mary, but with our "new and improved" legal system, it will probably fly. Sadly. We are losing our country piece by piece.

[Nihil]

17. A "foreign country" isn't. A "foreign corporation" is. As a result, expect it to win.

"Corporate rights" trump "national rights", "state rights", "land-owner rights" and "human rights".

I bet the Nebraskan farmers didn't give a toss about Chevron vs Ecuador, Shell vs Nigeria,
BP/Transocean/Halliburton vs GOM states, Exxon vs Alaska or about any of the thousands
of pipeline leaks/explosions/pollution when it happened anywhere else but now that they are
feeling the pinch, they've discovered environmentalism.

Pardon my cynicism but it's too little, too late: that ship has sailed.

[central scrutinizer]

6. If the government was doing this,

the conservatives would literally be up in arms (think Cliven Bundy) defending the farmers against the jack-booted thugs.

[atreides1]

7. Makes you wonder

How many of those land owners voted and/or supported Republicans?

Now they're getting rewarded for their efforts...

[PSPS]

9. How can a private corporation engage in eminent domain proceedings?

"Eminent Domain" is "the right of a government or its agent to expropriate private property for public use, with payment of compensation." Or, in more detail, "the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property."

How does this fit that definition on either side? Are Nebraska county officials also agents of TransCanada? Is the pipeline "public use?"

Public Use: "Requires that the property taken be used to benefit the public rather than specific individuals."

Furthermore, I don't see how a private party can have standing in such an action.

[Kilgore]

11. It flows from the FERC

Federal Energy Regulatory Comission.

Certain energy projects are granted a Certificate of Public Convience which grants the power of eminent domain. Here is a link

http://en.m.wikipedia.org/wiki/Certificate_of_public_convenience_and_necessity

They have been around since 1870.

[Samantha]

16. I read the Governor delegated his authority to exercise eminent domain over landowners

to TransCanada. I believe it was the Governor of Nebraska. The article was posted here, and I don't have a link. I remember it distinctly because I thought it was outrageous.

Sam

[Stephen Retired]

12. Canadian company asserting eminent domain over US landowners?

The fuck? Is this even legal?

[DeSwiss]

14. K&R

[Cryptoad]

15. Jobs, Jobs, Jobs

the GOP long awaited jobs bill is almost here.........

all 34 permanent jobs.

Taking application now!

http://money.cnn.com/2014/11/18/news/economy/keystone-jobs/

[Johnny Rash]

18. So, what's next?: We have a GOVERNMENT, but it's not a REAL GOVERNMENT!

In other words, we have a country called the "United States of America", but it's not really the "United States of America"!

I think, we seriously need to REBOOT the whole system, once and for all!