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 ?
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.