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TransCanada fighting Texas landowner over land

GasBuddy Blog -- TransCanada, seeking to build the controversial Keystone XL pipeline from Canada to Texas, was recently handed a major victory in its attempt to build the southern leg of its pipeline near Beaumont, TX. A judge has decided that developers of the planned pipeline can take land by eminent domain from property owners in a coastal Texas community.

Tom Zabel, a lawyer for TransCanada, told Jefferson County Court at Law Judge Tom Rugg Sr. that the pipeline operator believes it has the right under an 1899 Texas statute to start construction without obtaining possession through condemnation proceedings. He said the company has filed the necessary paperwork and posted the required bonds and that TransCanada should be allowed to proceed as...

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Submitted Sep 25, 2012 By: PD

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drpepperTX Champion Author Texas Posts:8,934 Points:751,010 Joined:Apr 2011	Message Posted: Oct 1, 2012 6:47:23 PM Ignore drpepperTX Report Abuse Hopefully it is the start of the entire KXL project Honda0105, America still needs the oil to help wean us off of OPEC.
1006 Champion Author Birmingham Posts:1,105 Points:1,352,665 Joined:Apr 2008	Message Posted: Oct 1, 2012 6:46:48 AM Ignore 1006 Report Abuse I have pipeline without an easement payment.
dcone2 All-Star Author Los Angeles Posts:909 Points:82,685 Joined:Jul 2012	Message Posted: Oct 1, 2012 1:29:07 AM Ignore dcone2 Report Abuse ok
honda0105 Champion Author Tallahassee Posts:18,599 Points:1,607,570 Joined:Nov 2008	Message Posted: Oct 1, 2012 12:00:41 AM Ignore honda0105 Report Abuse and so it starts...
crmedic Champion Author Arkansas Posts:2,647 Points:222,200 Joined:Jul 2011	Message Posted: Sep 30, 2012 10:01:57 PM Ignore crmedic Report Abuse Politics as usual
gasokie Champion Author Oklahoma Posts:3,442 Points:1,323,805 Joined:May 2007	Message Posted: Sep 30, 2012 9:59:40 PM Ignore gasokie Report Abuse Similiar thing to Bryan County in Oklahoma except the 3 property owners have already settled. They like the texas guy just used this ploy to squeeze more money out of Keystone.
repseng Sophomore Author Twin Cities Posts:165 Points:14,940 Joined:Sep 2012	Message Posted: Sep 30, 2012 1:27:14 PM Ignore repseng Report Abuse K
drpepperTX Champion Author Texas Posts:8,934 Points:751,010 Joined:Apr 2011	Message Posted: Sep 30, 2012 11:03:38 AM Ignore drpepperTX Report Abuse Did any of you see that Holland said he REJECTED TransCanada’s offer of $446,864 for an easement ???
honda0105 Champion Author Tallahassee Posts:18,599 Points:1,607,570 Joined:Nov 2008	Message Posted: Sep 30, 2012 8:44:00 AM Ignore honda0105 Report Abuse rocki: agreed. Government should not be allowed to take away lands, esp. for the profit of Pig Corp.
rocki00 Rookie Author Michigan Posts:24 Points:73,815 Joined:Jan 2012	Message Posted: Sep 28, 2012 8:03:34 AM Ignore rocki00 Report Abuse landowners are no longer landowners. The gov. can take and use your land in anyway they see fit. They should pay a fee or rent and make all of the property useable even after the pipeline is placed.
pilotmass Champion Author Boston Posts:1,813 Points:500,360 Joined:Jul 2011	Message Posted: Sep 28, 2012 5:41:35 AM Ignore pilotmass Report Abuse Every utility has the ability to secure eminent domain.
repseng Sophomore Author Twin Cities Posts:165 Points:14,940 Joined:Sep 2012	Message Posted: Sep 27, 2012 3:26:24 PM Ignore repseng Report Abuse K
mrjames1818 Champion Author New Jersey Posts:1,535 Points:1,996,145 Joined:Mar 2004	Message Posted: Sep 27, 2012 12:34:47 PM Ignore mrjames1818 Report Abuse Eminent Domain is very dangerous. Laws need to be tightened. Pay up if the reason is important enough and don't seize private property
paradiseag Rookie Author Texas Posts:2 Points:5,140 Joined:Nov 2007	Message Posted: Sep 26, 2012 6:43:01 PM Ignore paradiseag Report Abuse Property owners should be paid rent or get a more than fair price for the land being taken from them, as well as the land being affected by the division of acreages.
drpepperTX Champion Author Texas Posts:8,934 Points:751,010 Joined:Apr 2011	Message Posted: Sep 26, 2012 6:15:02 PM Ignore drpepperTX Report Abuse "TransCanada is a corporation, not a municipal government, and as such should not be granted the eminent domain privilege." - Actually, eminent domain laws are not exclusive to government. " For those following the story, you know that the TransCanada plans to cut through the ranchland and prohibit crossing of the easement with equipment necessary to make the land productive for raising cattle or growing hay and other crops. They refuse to bury the pipeline under the irrigation canals or to take prudent safeguards to prevent spills that would contaminate the irrigation canals." - They have not refused to bury the pipeline under irrigation canals, the landowner say he does not think they'll be buried deep enough. "They essentially render half of the land unusable to the owner, unless he wants to drive miles and miles at great expense to transport his equipment to the cutoff section of land in order to make it productive. Additionally, TransCanada is not willing to pay a reasonable fee for the easement to the land owner." - The commissioners at the ED hearing decided a fair market value for the easement. As far as unusable land, all we've heard is what the landowner claims. " This county court of law judge has rendered a ruling not in keeping with the law. It will be appealed and over turned at the next level. But the judge needs to be voted out of office at the next election, which will probably happen." - Actually, the judge rendered opinion according to the law. Appeal is possible but being overturned is not certain. And this judge stepped in to the court at law position from the county District Attorney office in the interim until elections are held to replace the judge that had resigned the position, Judge Rugg is not and never did seek election.
tutaw Champion Author Kentucky Posts:3,585 Points:840,570 Joined:Sep 2008	Message Posted: Sep 26, 2012 4:52:13 PM Ignore tutaw Report Abuse oh boy
us4usa Champion Author Missouri Posts:5,978 Points:1,110,425 Joined:May 2008	Message Posted: Sep 26, 2012 4:28:19 PM Ignore us4usa Report Abuse Always something...
zaq001 Champion Author Atlanta Posts:3,970 Points:1,470,375 Joined:Oct 2008	Message Posted: Sep 26, 2012 2:52:39 PM Ignore zaq001 Report Abuse ok
kino10 Champion Author California Posts:2,253 Points:123,015 Joined:Feb 2010	Message Posted: Sep 26, 2012 2:39:23 PM Ignore kino10 Report Abuse ok
RoadKing95 Champion Author San Jose Posts:20,542 Points:3,601,290 Joined:May 2003	Message Posted: Sep 26, 2012 2:34:32 PM Ignore RoadKing95 Report Abuse I kept seeing folks here posting they agree with REVLAW. I had to go back few pages to see what they agreed with but it was worth the time. Here's his post. >>TransCanada is a corporation, not a municipal government, and as such should not be granted the eminent domain privilege. For those following the story, you know that the TransCanada plans to cut through the ranchland and prohibit crossing of the easement with equipment necessary to make the land productive for raising cattle or growing hay and other crops. They refuse to bury the pipeline under the irrigation canals or to take prudent safeguards to prevent spills that would contaminate the irrigation canals. They essentially render half of the land unusable to the owner, unless he wants to drive miles and miles at great expense to transport his equipment to the cutoff section of land in order to make it productive. Additionally, TransCanada is not willing to pay a reasonable fee for the easement to the land owner. This county court of law judge has rendered a ruling not in keeping with the law. It will be appealed and over turned at the next level. But the judge needs to be voted out of office at the next election, which will probably happen.<< I agree, good post.
repeater1 Champion Author Topeka Posts:8,293 Points:2,363,870 Joined:Oct 2005	Message Posted: Sep 26, 2012 2:31:28 PM Ignore repeater1 Report Abuse Now lets see what the next judge says
bigmace111 Champion Author Albany Posts:2,708 Points:611,675 Joined:May 2011	Message Posted: Sep 26, 2012 2:31:28 PM Ignore bigmace111 Report Abuse Eminent domain is a horrible process. The government can step in and take your land even if you don't want to sell. The prices should be negotiated so that you are compenstated fairly for your loses.
caddilac Champion Author Ontario Posts:16,588 Points:2,137,530 Joined:Apr 2007	Message Posted: Sep 26, 2012 2:29:51 PM Ignore caddilac Report Abuse I don't want Keystone to go from Canada to Texas. I still say that pipeline should be built to either, or both, of Canada's coasts to provide pipe-welding jobs for Canadians. [Edited by: caddilac at 9/26/2012 2:31:41 PM EST]
BlueBell Champion Author Toledo Posts:14,992 Points:2,864,300 Joined:Apr 2005	Message Posted: Sep 26, 2012 2:28:42 PM Ignore BlueBell Report Abuse We need to protect our resources and our citizens from "Big Brother".
19sheldon43 Champion Author Los Angeles Posts:3,979 Points:843,010 Joined:Jul 2009	Message Posted: Sep 26, 2012 2:25:29 PM Ignore 19sheldon43 Report Abuse That OK but Big "O" won't sign off on it. Maybe when it gets closer to the election, Keystone will get the go-a-head
CapriceWagon All-Star Author Washington Posts:929 Points:476,270 Joined:Feb 2008	Message Posted: Sep 26, 2012 2:23:29 PM Ignore CapriceWagon Report Abuse We're all tenants of the government, they just let you think you own your land.
marlita Champion Author Dayton Posts:3,307 Points:784,055 Joined:Mar 2010	Message Posted: Sep 26, 2012 2:23:14 PM Ignore marlita Report Abuse old news
GryphonX Champion Author Nevada Posts:6,095 Points:1,585,525 Joined:Nov 2007	Message Posted: Sep 26, 2012 2:22:09 PM Ignore GryphonX Report Abuse I have such mixed feelings about this one ... People want their cheap, plentiful energy, but aren't willing to pay the price ... What do you want? Cheap energy, or absolute freedom? There's an area of considerable overlap, but you can't go to either absolute without somewhat running over the other ...
gasbuddyVA Veteran Author Fayetteville Posts:386 Points:641,805 Joined:Aug 2008	Message Posted: Sep 26, 2012 2:19:18 PM Ignore gasbuddyVA Report Abuse dont like this at all
Discovery02 Champion Author Colorado Springs Posts:2,530 Points:307,740 Joined:May 2012	Message Posted: Sep 26, 2012 2:17:03 PM Ignore Discovery02 Report Abuse "Once we've done that, we're entitled to the easements we're seeking. It's that simple," Zabel told Rugg. Weren't the politicians just talking about the "entitlement mindset" and how bad that is??? But I guess an ENTITLEMENT MINDSET is OK if you're a company/person sort of thing huh?
1Casey Champion Author Albany Posts:6,518 Points:1,789,935 Joined:Jun 2004	Message Posted: Sep 26, 2012 2:15:57 PM Ignore 1Casey Report Abuse land owner rights ?
WaWanderer Champion Author Washington Posts:4,326 Points:583,250 Joined:Oct 2011	Message Posted: Sep 26, 2012 2:15:20 PM Ignore WaWanderer Report Abuse Not good for the land owner.
mnbeancounter Champion Author Minnesota Posts:4,718 Points:1,060,640 Joined:Oct 2009	Message Posted: Sep 26, 2012 2:13:20 PM Ignore mnbeancounter Report Abuse how are the property owners compensated?
Martinman Champion Author Mississippi Posts:14,729 Points:2,091,880 Joined:Sep 2005	Message Posted: Sep 26, 2012 2:11:43 PM Ignore Martinman Report Abuse "there's alwasy 1-2 holdouts, are they supposed to stop something that affects millions of people? " ----- Ah... don't read much, huh? Try nearly 100 in each of the states of Nebraska, Oklahoma, Kansas, and Texas, as well as smaller numbers in the Dakotas and Montana.
Kato51 Champion Author Atlanta Posts:7,250 Points:2,161,840 Joined:Jul 2005	Message Posted: Sep 26, 2012 2:10:06 PM Ignore Kato51 Report Abuse More theft. Is it fair?
bullfrog69 Champion Author Texas Posts:2,304 Points:832,010 Joined:Nov 2009	Message Posted: Sep 26, 2012 2:08:17 PM Ignore bullfrog69 Report Abuse Steal is the proper word They can legaly steal your property! Damn Yankee carpetbaggers!
TopGunn Champion Author Baltimore Posts:9,171 Points:2,613,355 Joined:Aug 2004	Message Posted: Sep 26, 2012 2:07:02 PM Ignore TopGunn Report Abuse Old news
DeeLA Champion Author Los Angeles Posts:4,802 Points:1,362,405 Joined:Nov 2008	Message Posted: Sep 26, 2012 2:06:56 PM Ignore DeeLA Report Abuse Old News.
99church Champion Author Indiana Posts:1,811 Points:360,090 Joined:Oct 2011	Message Posted: Sep 26, 2012 2:03:55 PM Ignore 99church Report Abuse give them adequate compensation
dynamouse Champion Author Michigan Posts:4,497 Points:1,748,875 Joined:Dec 2006	Message Posted: Sep 26, 2012 2:03:19 PM Ignore dynamouse Report Abuse ok
gas_too_high Champion Author Columbus Posts:11,528 Points:1,930,415 Joined:Aug 2005	Message Posted: Sep 26, 2012 2:02:58 PM Ignore gas_too_high Report Abuse Has this always been true in Texas for pipeline construction, as this article claims? GTH
blackberryga Sophomore Author Georgia Posts:158 Points:224,245 Joined:Jun 2012	Message Posted: Sep 26, 2012 1:59:46 PM Ignore blackberryga Report Abuse old
mitchells Champion Author Montreal Posts:3,851 Points:1,122,310 Joined:Oct 2009	Message Posted: Sep 26, 2012 1:53:50 PM Ignore mitchells Report Abuse there's alwasy 1-2 holdouts, are they supposed to stop something that affects millions of people?
divebomber Champion Author Nebraska Posts:6,068 Points:1,810,325 Joined:Jun 2007	Message Posted: Sep 26, 2012 1:53:34 PM Ignore divebomber Report Abuse OLD NEWS, YET TEXANS NEVER GIVE UP, REMEMBER THE ALAMO!
momof5MN Champion Author Twin Cities Posts:4,044 Points:213,810 Joined:Feb 2011	Message Posted: Sep 26, 2012 1:53:17 PM Ignore momof5MN Report Abuse Ouch. Need to get the pipeline built but eminent domain should be the last resort.
fullauto Champion Author Reading Posts:5,305 Points:1,469,140 Joined:Apr 2008	Message Posted: Sep 26, 2012 1:49:32 PM Ignore fullauto Report Abuse old
CISA Champion Author Orange County Posts:5,937 Points:1,397,060 Joined:Dec 2006	Message Posted: Sep 26, 2012 1:48:59 PM Ignore CISA Report Abuse another old GB post
pmc3 Champion Author Missouri Posts:3,599 Points:1,023,890 Joined:Mar 2010	Message Posted: Sep 26, 2012 1:44:52 PM Ignore pmc3 Report Abuse The pipeline owners should have to pay a "rent" to the property owners!!!
kuma2000 Champion Author Honolulu Posts:3,208 Points:671,225 Joined:Jun 2011	Message Posted: Sep 26, 2012 1:41:02 PM Ignore kuma2000 Report Abuse that's right
jim48656 All-Star Author Michigan Posts:660 Points:222,840 Joined:Apr 2012	Message Posted: Sep 26, 2012 1:39:51 PM Ignore jim48656 Report Abuse Blah Blah Blah