Real Estate & Property Law

Keystone Moves Forward in Nebraska

By Alan Ackerman

    The property owners in Nebraska face an aggressive acquisition utility in Keystone.  The questions raised by the linked article from the Lincoln Journal Star are multiple.
    First, should Keystone start acquiring 'within thirty days', prior to obtaining permission from the Federal Energy Regulatory Commission and any other necessary licensing authorities?
    Second, does Keystone understand the effect it may have on the environment in Nebraska?
    Third, do the owners understand they should not expect a million dollars unless there is a million dollars worth of damages?  Just compensation is not a gift but a constitutional right premised upon fairness.
    These issues will play out in an area which has not faced a large number of eminent domain proceedings.  Fortunately, for these property owners, they have a reasonably fair judicial process and outstanding condemnation lawyers in the area such as William Blake in Lincoln, to help them through the fight.

Journalstar.com

"It's gone beyond that," she said of the proximity of family property to the pipeline TransCanada wants to bury from Keya Paha County on through the York area to Jefferson County and beyond. "It's not just that it's in my pasture."

Nonetheless, pipeline matters take on greater urgency for the Condons and others who got letters from TransCanada about July 21. That's because the 30-day timetable cited in the letter before land condemnation proceedings begin is about to expire.

"While we hope to acquire this property through negotiation," said the certified letter sent to Shirley Condon, "if we are unable to do so, we will be forced to invoke the power of eminent domain and will initiate condemnation proceedings against this property promptly after the expiration of this one-month period."

As steadfast pipeline proponents and opponents know so well, Keystone XL is the $7 billion follow-up to the initial Keystone line that began carrying oil shale southward from the tar sands of Alberta this year.

Keystone XL is not a done deal. Among the key hurdles yet to be cleared are approval of the environmental impact statement and issuing of the federal permit TransCanada needs from the U.S. State Department.

Full post as published by National Eminent Domain Blog on August 31, 2010 (boomark / email).