Keystone XL access through Nebraska shut down by judge

mentalfloss

Prickly Curmudgeon Smiter
Jun 28, 2010
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Keystone XL access through Nebraska shut down by judge

The hurdles standing before the Keystone XL pipeline project grew ever taller Wednesday as a Nebraska court dealt the long-delayed project another significant setback.

A district judge ripped up a state law that might have been used to force landowners to allow the pipeline on their property.

As a result, the project could find itself in limbo indefinitely, even if the Obama administration allows the pipeline to cross the U.S. border — a key step that is itself by no means certain.

Lancaster County Judge Stephanie Stacy declared unconstitutional a law that had given Nebraska Gov. Dave Heineman the power to push the project through private land.

Now, unless the law is reinstated by a higher court, Calgary-based pipeline builder TransCanada Corp. might be forced to seek permission from every last landowner on the route.

Further lawsuits seem inevitable, regardless of what President Barack Obama decides.


Keystone XL access through Nebraska shut down by judge
 

captain morgan

Hall of Fame Member
Mar 28, 2009
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A Mouse Once Bit My Sister
The big irony in this is the greenie weenies believed that by stopping KXL, they would put the brakes on developing the oil sands... Now that there are 2 additional major pipeline projects approved on top of KXL, they development will be going ahead faster and even more heavily than before.

The back fire for these eco-clowns has got to have them crying in their beer these days
 

petros

The Central Scrutinizer
Nov 21, 2008
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Low Earth Orbit


See the one that already runs through NB (phase one) ? It was built in 1962 and converted from NG to oil about 5 or 6 years ago but not a boo from a single environaut.

Doesn't matter what they think, it's a Federal decision that can, and will, be approved without requiring BCs approval at all
Eminent domain.
 

Tecumsehsbones

Hall of Fame Member
Mar 18, 2013
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See the one that already runs through NB (phase one) ? It was built in 1962 and converted from NG to oil about 5 or 6 years ago but not a boo from a single environaut.


Eminent domain.
How is transferring private property from one owner to another "eminent domain?" The Fifth Amendment requires it to be for a "public use."
 

petros

The Central Scrutinizer
Nov 21, 2008
108,897
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Low Earth Orbit
The sheer intellectual quality of your argument. . .
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.

Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their Police Power. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.

Eminent domain is a challenging area for the courts, which have struggled with the question of whether the regulation of property, rather than its acquisition, is a taking requiring just compensation. In addition, private property owners have begun to initiate actions against the government in a kind of proceeding called inverse condemnation.