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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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Author Topic: TransCanada fighting Texas landowner over land Back to Topics
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drpepperTX
Champion Author Texas

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Message Posted: Oct 1, 2012 5:47:23 PM

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

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Message Posted: Oct 1, 2012 5:46:48 AM

I have pipeline without an easement payment.
dcone2
Champion Author Los Angeles

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Message Posted: Oct 1, 2012 12:29:07 AM

ok
honda0105
Champion Author Tallahassee

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Message Posted: Sep 30, 2012 11:00:41 PM

and so it starts...
crmedic
Champion Author Arkansas

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Message Posted: Sep 30, 2012 9:01:57 PM

Politics as usual
gasokie
Champion Author Oklahoma

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Message Posted: Sep 30, 2012 8:59:40 PM

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

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Message Posted: Sep 30, 2012 12:27:14 PM

K
drpepperTX
Champion Author Texas

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Message Posted: Sep 30, 2012 10:03:38 AM

Did any of you see that Holland said he REJECTED TransCanada’s offer of $446,864 for an easement ???
honda0105
Champion Author Tallahassee

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Message Posted: Sep 30, 2012 7:44:00 AM

rocki: agreed. Government should not be allowed to take away lands, esp. for the profit of Pig Corp.
rocki00
Rookie Author Michigan

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Points:74,740
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Message Posted: Sep 28, 2012 7:03:34 AM

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

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Message Posted: Sep 28, 2012 4:41:35 AM

Every utility has the ability to secure eminent domain.
repseng
Sophomore Author Twin Cities

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Message Posted: Sep 27, 2012 2:26:24 PM

K
mrjames1818
Champion Author New Jersey

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Message Posted: Sep 27, 2012 11:34:47 AM

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

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Points:6,340
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Message Posted: Sep 26, 2012 5:43:01 PM

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

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Message Posted: Sep 26, 2012 5:15:02 PM

"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

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Message Posted: Sep 26, 2012 3:52:13 PM

oh boy
us4usa
Champion Author Missouri

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Message Posted: Sep 26, 2012 3:28:19 PM

Always something...
zaq001
Champion Author Atlanta

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Message Posted: Sep 26, 2012 1:52:39 PM

ok
kino10
Champion Author California

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Message Posted: Sep 26, 2012 1:39:23 PM

ok
RoadKing95
Champion Author San Jose

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Message Posted: Sep 26, 2012 1:34:32 PM

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

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Message Posted: Sep 26, 2012 1:31:28 PM

Now lets see what the next judge says
bigmace111
Champion Author Albany

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Message Posted: Sep 26, 2012 1:31:28 PM

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

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Message Posted: Sep 26, 2012 1:29:51 PM


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

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Message Posted: Sep 26, 2012 1:28:42 PM

We need to protect our resources and our citizens from "Big Brother".
19sheldon43
Champion Author Los Angeles

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Message Posted: Sep 26, 2012 1:25:29 PM

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
Champion Author Washington

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Message Posted: Sep 26, 2012 1:23:29 PM

We're all tenants of the government, they just let you think you own your land.
marlita
Champion Author Dayton

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Message Posted: Sep 26, 2012 1:23:14 PM

old news
GryphonX
Champion Author Nevada

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Message Posted: Sep 26, 2012 1:22:09 PM

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
All-Star Author Fayetteville

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Message Posted: Sep 26, 2012 1:19:18 PM

dont like this at all
Discovery02
Champion Author Colorado Springs

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Message Posted: Sep 26, 2012 1:17:03 PM


"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

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Message Posted: Sep 26, 2012 1:15:57 PM

land owner rights ?
WaWanderer
Champion Author Washington

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Message Posted: Sep 26, 2012 1:15:20 PM

Not good for the land owner.
mnbeancounter
Champion Author Minnesota

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Message Posted: Sep 26, 2012 1:13:20 PM

how are the property owners compensated?
Martinman
Champion Author Mississippi

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Message Posted: Sep 26, 2012 1:11:43 PM

"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

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Message Posted: Sep 26, 2012 1:10:06 PM

More theft. Is it fair?
bullfrog69
Champion Author Texas

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Message Posted: Sep 26, 2012 1:08:17 PM

Steal is the proper word They can legaly steal your property! Damn Yankee carpetbaggers!
TopGunn
Champion Author Baltimore

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Message Posted: Sep 26, 2012 1:07:02 PM

Old news
DeeLA
Champion Author Los Angeles

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Message Posted: Sep 26, 2012 1:06:56 PM

Old News.
99church
Champion Author Indiana

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Message Posted: Sep 26, 2012 1:03:55 PM

give them adequate compensation
dynamouse
Champion Author Michigan

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Message Posted: Sep 26, 2012 1:03:19 PM

ok
gas_too_high
Champion Author Columbus

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Message Posted: Sep 26, 2012 1:02:58 PM

Has this always been true in Texas for pipeline construction, as this article claims?

GTH
blackberryga
Sophomore Author Georgia

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Message Posted: Sep 26, 2012 12:59:46 PM

old
mitchells
Champion Author Montreal

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Message Posted: Sep 26, 2012 12:53:50 PM

there's alwasy 1-2 holdouts, are they supposed to stop something that affects millions of people?
divebomber
Champion Author Nebraska

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Message Posted: Sep 26, 2012 12:53:34 PM

OLD NEWS, YET TEXANS NEVER GIVE UP, REMEMBER THE ALAMO!
momof5MN
Champion Author Twin Cities

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Message Posted: Sep 26, 2012 12:53:17 PM

Ouch. Need to get the pipeline built but eminent domain should be the last resort.
fullauto
Champion Author Reading

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Message Posted: Sep 26, 2012 12:49:32 PM

old
CISA
Champion Author Orange County

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Message Posted: Sep 26, 2012 12:48:59 PM

another old GB post
pmc3
Champion Author Missouri

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Message Posted: Sep 26, 2012 12:44:52 PM

The pipeline owners should have to pay a "rent" to the property owners!!!
kuma2000
Champion Author Honolulu

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Message Posted: Sep 26, 2012 12:41:02 PM

that's right
jim48656
All-Star Author Michigan

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Message Posted: Sep 26, 2012 12:39:51 PM

Blah Blah Blah
BumpinButch
Champion Author Texas

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Message Posted: Sep 26, 2012 12:39:26 PM

Price will decide this matter....
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