Landowners in two Nebraska counties opposed to the
controversial Keystone XL pipeline have filed lawsuits challenging the right of
the project’s developer, TransCanada from taking their land using eminent
domain.
 |
| Holt County Nebraska |
This is a new a separate action taken in the courts in the wake of the
Nebraska Supreme Court’s review of state law which left unanswered the question
of whether the state had improperly given the authority to choose the pipelines
route to then Governor Dave Heineman.
The lawsuits, filed in Hold and York Counties, cover
much of the same ground covered in the case of Thompsen V. Heineman dismissed
last week. The landowners claim LB1161, the law passed by the Nebraska State
Legislature is in conflict with the state’s Constitution. As a result the lawsuits claim “TransCanada is without eminent domain
authority or an approved pipeline route across Nebraska because … the
Governor’s actions are TransCanada’s sole basis for claiming an approved route
or power of eminent domain.”
In both the
Holt and York County cases a total of seven landowners filed the lawsuits. They
claim, in nearly identically related briefs, their property is along the
pipeline route. Four of the seven have already received written notice from TransCanada
that they intend to proceed with condemnation proceedings against their land to
advance the pipeline project.
In the
matching legal briefs the landowners who have been served notice state they
have declined and refused to “declines and refuses to voluntarily convey
ownership rights” to TransCanada.
 |
| York County Nebraska |
No date has
been set yet for follow up hearings in either county.
President
Obama and Secretary of State Kerry have yet to state whether the United States
government will object to the Canadian-based project from crossing the northern
border.
BOLD
Nebraska, leading the state’s opposition to the project announced the filing on
its website late Friday, adding “it is only the
President who can provide peace of mind to farmers and ranchers along the
route. Our fight will continue even if the President rejects the pipeline.”
Representatives of TransCanada and the State of Nebraska were not available
for comment at this writing.
