Neb. Court Slows Keystone

TransCanada to Stay Eminent Domain

Todd Neeley
By  Todd Neeley , DTN Staff Reporter
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Ninety percent of Nebraska landowners along the Keystone XL route and 100% of those in Montana and South Dakota have agreed to easements to build the pipeline, according to TransCanada. (DTN file photo)

OMAHA (DTN) -- TransCanada must hold off on eminent domain proceedings on the proposed Keystone XL pipeline after a Nebraska judge issued a temporary injunction Thursday that will require TransCanada to wait until cases filed on behalf of landowners play out in court.

New cases challenging the company's use of eminent domain were filed in two separate Nebraska counties after the Nebraska Supreme Court ruled against the landowners in a recent case challenging a Nebraska law that allows the state's governor to approve a pipeline route. Judge Mark Kozisek in Holt County, Neb., issued the injunction.

"TransCanada sees the writing on the wall," said Jane Kleeb of Bold Nebraska, a group that has rallied the resistance in Nebraska fighting Keystone XL. "Nebraska landowners are not going to cave to their threats and we will now see them in our Supreme Court to finally get clarity on the legality of a foreign corporation using eminent domain for private gain."

The U.S. House of Representatives Wednesday sent a bill to approve the pipeline to President Barack Obama, who is expected to veto the legislation. That would further build drama on Capitol Hill over the pipeline's fate.

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TransCanada said in a statement Thursday that it intends to reach out to landowners following the court's ruling.

"TransCanada will also reach out to Nebraska landowners who are not part of this suit and offer to stay its proceedings involving those who have not agreed to easements for Keystone XL," said company spokesperson Mark Cooper. "TransCanada believes the laws at issue in the case are valid and its actions are proper. But TransCanada respects the Nebraska legal system and process. The order, which was submitted for approval this afternoon to the district court judge, will allow for a faster resolution of new cases challenging Keystone's authority."

TransCanada also stated that the company has jumped through all the legal hoops on pursuing the project.

"During Keystone XL's six-and-a-half-year review, we have followed every local, state and federal process, even as the goal posts have shifted numerous times," the statement said. "All we have asked for is a clearly defined approval process for Keystone XL. Our previous Nebraska route also received federal approval in 2011. Then a Nebraska process was established and a new route was applied for. The approved Nebraska route has been exhaustively studied by the Nebraska Department of Environmental Quality and was approved by then Gov. (Dave) Heineman.

"However, new legal challenges have been filed and all parties are keenly interested in a decision from the court that provides finality of the route approval and the related legislation."

TransCanada said it is seeking an "accelerated" trial schedule to expedite the process. "It is important to note that now 90% of Nebraska landowners along the Keystone XL route and 100% of those in Montana and South Dakota have agreed to easements to build the safest pipeline ever constructed on American soil. ...With that said, we are committed to working respectfully with all landowners as shown by today's decision to stay eminent domain actions until there is a final resolution of the plaintiffs' claims."

Todd Neeley can be reached at todd.neeley@dtn.com

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Todd Neeley

Todd Neeley
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