Following other court opinions, a Nebraska court has ruled that shipping privately owned Canadian tar balls to a Texas refinery on the Gulf of Mexico for export overseas does not serve a public purpose in the State of Nebraska – therefore it is not a public utility in Nebraska, therefore it does not have the power of eminent domain in Nebraska and cannot condemn private property in Nebraska. Despite what the fracking lobbyists in Washington and the E-Z money boys on Wall Street say.
This is not a judicial stretch. This is not judicial activism. This is state and constitutional law 101.
If your land is in the ROW of this Canadian Tar Ball Export Scam, for godsakes lock your gate and politely tell the Canadians’ landmen to please drop fracking dead. Since they are Canadians, be prepared to tell them in French: “Deposer fracking morts, si il vous plait.”
And no, you don’t have to be a member of the Tea Party to do this. You don’t have to be a prepper. All you have to be as a Nebraska landowner with an IQ north of room temperature and a vertebrate’s spine.
There is no upside in selling your American land to Canadians for a Tar Ball Export Scheme. None.
To the courageous people of Nebraska that brought this action – we salute you. Win or lose in court, god knows you did the right thing to defend your land. All Americans know that. Even the lobbyists that pay the politicians to look the other way.
BREAKING: Nebraska judge issues temporary injunction, halts eminent domain against landowners while case proceeds back to NE Supreme Court. TransCanada agrees to halt all eminent domain cases in the state.
Nebraska judge rules in favor of landowners on Keystone XL eminent domain.
POSTED: THURSDAY, FEBRUARY 12, 2015 2:27 PM
LINCOLN — A Nebraska district court judge has temporarily halted the ability of a Canadian company to acquire right-of-way for the Keystone XL pipeline.
Holt County District Judge Mark Kozisek granted a temporary injunction Thursday to landowners who challenged the ability of TransCanada to use eminent domain to acquire land for the controversial pipeline.
The judge made the ruling after landowners filed new lawsuits challenging the state’s pipeline routing law, which was narrowly upheld by the Nebraska Supreme Court in a decision last month.
A spokesman for TransCanada said Thursday the company agreed to the injunction in exchange for an accelerated trial schedule. Although the judge’s order affects just the landowners along the northern part of the pipeline route, the company will offer to stall land condemnation for the roughly 90 property owners along the route who have refused to sign easement contracts.
All this begs the question, why are the Canadians trying to pipe tar to a refinery on the Gulf of Mexico when the refined oil is going to China ? Why not just pipe it to British Columbia ?
Why indeed.
In a word, gravity. The Alberta tar sands are about 1,000 feet above sea level – which means that going to Texas is all down hill. That’s easy for a pipeline. Going to British Columbia means crossing the Canadian Rockies, which is a vertical rise of over 10,000 feet in places, that’s tough. Plus the fact that British Columbia has already gone on record as not wanting the tar balls in their province. So the Canadians have decided to get the goo out of their country the quickest way possible: due south.
But why the Gulf of Mexico ? Because once the tar is refined in Texas, it can go onto tankers and be shipped to China via the new canal the Chinese are building in Nicaragua.
Yes! Congratulations to courageous citizens standing for justice. New York applauds you!
America applauds you. Adams, Jefferson, Lincoln, Washington, Tom Paine, Paul Revere, Ethan Allen, Francis Marion, Sam Houston, David Crockett, Jim Bowie and Light Horse Harry Lee applaud you.
yes, great news; miracles do happen; the People and Judge have spoken; Keep TransCanada out and their frickin pipeline….
It ain’t over till it’s over. But at least on that day, in that court, that judge by god did the right thing.
So here’s to that.
CORRECTION: The first paragraph reads “Tar Balls” I think you mean “Tar Sands.”
“Tar Balls” = a joke
Like the notion that this oil export scam serves any “public purpose” in the State of Nebraska
Yes Nebraska, you took a stand!!!
Neighbors United for the Finger Lakes in upstate Nwe York salutes you!
Thank you for your just stand for land and nature.
Connie Mather
Director, Neighbors United for FingerLakes.
Thank you to the Judge who actually understands this is ‘NOT an eminent domain issue’. “”Although the judge’s order affects just the landowners along the northern part of the pipeline route, the company will offer to stall land condemnation for the roughly 90 property owners along the route who have refused to sign easement contracts.”” This is a Massive land grab by this Corporation, Koch Brothers, those in Congress and across the Country who are invested in this to use their MONIES to get what they want MORE MONEY!! and to hell with everything and everyone in their path. This is history repeating itself, like the Robber Barons of the past who would kill, cheat buy whom ever but they WOULD HAVE WHAT they Wanted! It’s a wonder they (Halliburton/Koch Brothers et al) have not reinstated the likes of the Pinkerton Men sent them their- Nebraska and the path of this pipeline to shoot down anyone in their path- sound a little histrionic- well close, see some of the history of this country **- mining, oil, steel mills, Train lines being built- this is a little extraneous info but see below**, 2-13-14 “The State Department hired an oil industry consultant to write the environmental review of Keystone XL without taking steps to guard against industry bias.” http://ecowatch.com/2014/02/12/new-evidence-state-department-keystone-xl-environmental-review/ 2-13-14 Other Wall Street regulators could learn a thing or two from the Federal Energy Regulatory Commission. WATCH: http://bit.ly/bustthebanks
See this series and remember a little of our history not written in the History Books that come to your children from Texas. 2-10-14 for 2012- **The Men Who Built America (2012) TV Mini-Series, http://www.imdb.com/title/tt2167393/
Why should we allow Canada to make money at the risk of our health?? I salute you Nebraska
Yes! Congratulations to courageous citizens standing for justice. This Alaskan applauds you!
going through same problem in Omaha, Nebraska trying to take property from me make parking lot, told city I would build parking lot and lease it from me, reply eminent domain. iam glad judge voted in your fever, will take any idea from you ,thank have bless day.