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Texas Farmers Urge Appeals Court to Block Keystone Pipeline

Bloomberg -- TransCanada should be barred from building the Keystone XL pipeline to transport Canadian tar-sands crude to Gulf Coast refineries, pipeline opponents urged a Texas appeals court, citing a new state-court precedent.

Landowners opposing Keystone XL argued in a state appellate court in Beaumont today that TransCanada does not meet the definition of a “common carrier” under a 2011 Texas Supreme Court ruling and should not be allowed to use state eminent-domain laws to obtain easements across their properties.

“The Texas Supreme Court ruling said the ownership of land is connected to our very freedom,” Anthony Brocato, the landowners’ lawyer, said at the hearing. “If someone, for their private profit, comes to take what belongs to you, they have to follow the letter of every law and show

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Submitted Oct 06, 2012 By: Martinman

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jrs4125 Champion Author Indiana Posts:2,893 Points:618,470 Joined:Sep 2011	Message Posted: Oct 8, 2012 5:24:27 AM Ignore jrs4125 Report Abuse Money and power WILL get what they want.
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 7, 2012 9:50:15 PM Ignore teenitup Report Abuse MAC48, here's the Texas Supreme Court decision Link I don't believe there's any reference to interstate or intrastate transportation. It still appears these last few landowners were/are trying to use that decision to extract more monies from TransCanada.
MAC48 Champion Author Dallas Posts:1,580 Points:788,525 Joined:Dec 2006	Message Posted: Oct 7, 2012 11:54:39 AM Ignore MAC48 Report Abuse A quote from the article is "Pipeline opponents claim last year’s high-court decision withholds condemnation powers from interstate pipelines that transport out-of-state crude into Texas. Only intrastate pipelines transporting hydrocarbons within state borders should be allowed to use eminent domain, the landowners, known as Rhinoceros Ventures Group Inc., have said in court filings." which brings up a very interesting question. The Interstate Commerce Clause of the Constitution in effect says that no state can prohibit the transportation and sale of goods from another state just to protect intrastate business interest. It would appear that the argument that any proposed pipeline that would ever transport any out-of-state crude oil should not have the same eminent-domain law rights as any proposed intrastate pipeline that only carries in state produced crude oil is quite possibly in violation of the Interstate Commerce Clause of the Constitution.
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 7, 2012 8:37:24 AM Ignore teenitup Report Abuse Why would a US citizen having the vision to see the need for a pipeline be ironic?
LetemEatCake Champion Author Oklahoma City Posts:5,667 Points:1,229,200 Joined:Mar 2008	Message Posted: Oct 6, 2012 10:37:37 PM Ignore LetemEatCake Report Abuse "We are well past time to move this project along." I find it ironic how someone from RI is pushing for a pipeline in TX...which doesn't touch his backyard.
slicerette Champion Author South Bend Posts:3,673 Points:560,510 Joined:Jan 2011	Message Posted: Oct 6, 2012 9:59:08 PM Ignore slicerette Report Abuse Keystone XL will be put four feet under the farmers' fields. Farmers will continue to farm their land over the pipeline and cattle will continue to graze. Please note the pipeline is only granted an easement to put the pipeline underground, not confiscation as reported in the New York Time.
rbrk02 Champion Author Rhode Island Posts:5,917 Points:844,930 Joined:Jan 2011	Message Posted: Oct 6, 2012 8:46:49 PM Ignore rbrk02 Report Abuse Reality is that this project will be completed. Everything else is nothing more than stall tactics. SUVFan is right when saying "NIMBY usually loses in these cases." teenitup, your comments? Right on the money. Well said. Bottom line? We are well past time to move this project along.
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 6, 2012 8:36:22 PM Ignore teenitup Report Abuse <<"Canada has no right to try or use the court, which it not there country. watch and see.">> The country of Canada has no right...but TransCanada does.
ktbaeohana Champion Author Las Vegas Posts:2,412 Points:442,125 Joined:Mar 2010	Message Posted: Oct 6, 2012 6:09:34 PM Ignore ktbaeohana Report Abuse Canada has no right to try or use the court, which it not there country. watch and see.
merlinCO Champion Author Colorado Posts:1,780 Points:369,095 Joined:Mar 2012	Message Posted: Oct 6, 2012 5:15:30 PM Ignore merlinCO Report Abuse Why doesn't Canada build refineries and sell the fuel?
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 6, 2012 3:36:09 PM Ignore teenitup Report Abuse Question for PDQBlues. What difference would the size of a company make? What if this were just a small company seeking a route? Unless you can give a clear answer, your argument is moot and based soley on an anti-capitalist agenda.
teafortwo Champion Author Washington Posts:22,375 Points:1,412,000 Joined:Feb 2009	Message Posted: Oct 6, 2012 3:32:17 PM Ignore teafortwo Report Abuse This is such a sweet scam. Big oil stands to makes zillions in profits. They are not going to let the property rights of a few individuals stand in their way. Once they get that canadian crud to the international ports in coastal Texas? Even sweeter still. They have it set up to not even have to pay US taxes. Yep. It is quite a scam.
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 6, 2012 3:32:02 PM Ignore teenitup Report Abuse Agriculture is pretty much all there is in that region. Moving in from one farm or ranch to the next is not an answer. And an offer of $450,000 for an easement on the Rice Land Partners farm, that would only hinder use of the land for a couple years or so, sounds like handsome rewards. This really seems to be coming down to the last few landowners attempting to bulk all they can out of TransCanada since 98% of the route has already been negotiated, set and surveyed.
PDQBlues Champion Author San Diego Posts:7,209 Points:1,475,050 Joined:Jan 2009	Message Posted: Oct 6, 2012 3:16:01 PM Ignore PDQBlues Report Abuse Alas, when it comes to the interests of the US Citizens vs massive corporate conglomerates in court, the citizen usually looses. The Supreme Court ruled that money is speech, so those with the most money can speak the loudest by buying off politicians and judges.
HorizonChaser Champion Author Montgomery Posts:2,115 Points:481,910 Joined:Dec 2011	Message Posted: Oct 6, 2012 2:38:54 PM Ignore HorizonChaser Report Abuse Agriculural conerns should always come first! Move the stupid pipeline. Protect our farmers and farmlands!!
SUVFan Champion Author Columbus Posts:14,171 Points:1,660,465 Joined:Oct 2008	Message Posted: Oct 6, 2012 12:52:23 PM Ignore SUVFan Report Abuse NIMBY usually loses in these cases. The common carrier argument is interesting, though I have my doubts it will succeed. Like teenitup, I see them allowing the pipeline ultimately.
teenitup Champion Author Houston Posts:1,847 Points:276,885 Joined:Sep 2012	Message Posted: Oct 6, 2012 12:48:20 PM Ignore teenitup Report Abuse I don't think it'll go any further than the Texas Supreme Court. And eminent domain will be upheld. These last few landowners are just seeking all the money they can get [Edited by: teenitup at 10/6/2012 1:50:43 PM EST]
LuckyD43 Champion Author Long Island Posts:32,460 Points:2,194,795 Joined:Apr 2005	Message Posted: Oct 6, 2012 10:37:16 AM Ignore LuckyD43 Report Abuse This sounds like it's going to be a long drawn-out battle. I hope the landowners win.
sprocketsplines Champion Author Washington Posts:1,813 Points:888,060 Joined:Oct 2010	Message Posted: Oct 6, 2012 10:23:55 AM Ignore sprocketsplines Report Abuse Looks like an uphill battle for the landowners.
benjy Champion Author Chicago Posts:8,706 Points:1,815,070 Joined:Nov 2003	Message Posted: Oct 6, 2012 10:12:17 AM Ignore benjy Report Abuse Johnnie get ya gun.....
Don20 Champion Author Oklahoma City Posts:9,809 Points:2,646,355 Joined:Mar 2005	Message Posted: Oct 6, 2012 10:10:18 AM Ignore Don20 Report Abuse Its going to be a big fight,?????
HATinMUNDY Champion Author Michigan Posts:1,817 Points:791,220 Joined:Mar 2008	Message Posted: Oct 6, 2012 10:07:57 AM Ignore HATinMUNDY Report Abuse Time will tell.....
arinkrat17 Champion Author Twin Cities Posts:6,425 Points:1,358,950 Joined:Aug 2009	Message Posted: Oct 6, 2012 10:07:42 AM Ignore arinkrat17 Report Abuse ok
Janetique Champion Author Virginia Beach Posts:1,238 Points:770,270 Joined:Jul 2008	Message Posted: Oct 6, 2012 10:05:31 AM Ignore Janetique Report Abuse there has got to be an amicable solution.
buzzieNY Champion Author Buffalo Posts:3,030 Points:663,030 Joined:Jun 2011	Message Posted: Oct 6, 2012 10:04:18 AM Ignore buzzieNY Report Abuse Eminent domain is ugly, no matter how you look at it.
nozzle46 Champion Author Little Rock Posts:6,761 Points:1,486,845 Joined:Jul 2006	Message Posted: Oct 6, 2012 10:02:17 AM Ignore nozzle46 Report Abuse Funny how we're all for the law until it interferes with us.
Wierbe Champion Author Cincinnati Posts:3,887 Points:1,145,840 Joined:Apr 2006	Message Posted: Oct 6, 2012 9:58:05 AM Ignore Wierbe Report Abuse Do you want to predict the future of the XL? Just follow the money.
DABEE1073 Champion Author San Diego Posts:8,350 Points:1,599,810 Joined:Jun 2008	Message Posted: Oct 6, 2012 9:54:51 AM Ignore DABEE1073 Report Abuse "Voltus" I DO AGREE WITH YOU 110 PER CENT.
Mowerman08 Champion Author Milwaukee Posts:4,878 Points:1,243,255 Joined:Aug 2008	Message Posted: Oct 6, 2012 9:53:05 AM Ignore Mowerman08 Report Abuse Texas needs to clean up it laws! Looks like a 1898 law conflicts with a 2011 law.
sydb7 Champion Author Atlanta Posts:3,657 Points:1,941,890 Joined:Mar 2003	Message Posted: Oct 6, 2012 9:52:03 AM Ignore sydb7 Report Abuse The money is winning and will prevail in the end! That is how this economic system is structured!
Voltus Champion Author Miami Posts:8,582 Points:1,581,150 Joined:May 2005	Message Posted: Oct 6, 2012 9:49:36 AM Ignore Voltus Report Abuse build the dammed thing, but: Congress should pass a law: "Put America First Act" - all oil extracted and/or refined here must serve America's needs first, then the oil companies can sell the rest to whomever they please...
JoeKR Champion Author New Jersey Posts:9,604 Points:1,761,590 Joined:Feb 2006	Message Posted: Oct 6, 2012 9:49:31 AM Ignore JoeKR Report Abuse I support the Texas farmers.
mycar2 Champion Author Akron Posts:2,199 Points:2,381,295 Joined:Apr 2004	Message Posted: Oct 6, 2012 9:48:08 AM Ignore mycar2 Report Abuse money will take over
Pozole Champion Author Portland Posts:9,765 Points:1,622,220 Joined:Mar 2005	Message Posted: Oct 6, 2012 9:47:58 AM Ignore Pozole Report Abuse ...more power to the Texas farmers...Keystone emminent domain is outright thievery by pig oil to pump toxic sludge that would sink if it leaked unlike other petro products...
99church Champion Author Indiana Posts:1,959 Points:388,930 Joined:Oct 2011	Message Posted: Oct 6, 2012 9:47:14 AM Ignore 99church Report Abuse Offer them Fair Market Value and an extra Whatever for their inconvience
manbig13 Champion Author Cleveland Posts:1,431 Points:557,475 Joined:May 2011	Message Posted: Oct 6, 2012 9:46:11 AM Ignore manbig13 Report Abuse good
unicornpmb Champion Author Buffalo Posts:8,626 Points:1,656,240 Joined:Sep 2005	Message Posted: Oct 6, 2012 9:46:08 AM Ignore unicornpmb Report Abuse Money always win.
ESCORT6768 Champion Author Iowa Posts:1,152 Points:626,215 Joined:Sep 2005	Message Posted: Oct 6, 2012 9:45:27 AM Ignore ESCORT6768 Report Abuse I don't agree with the use of eminent-domain. However, in this case, it appears that the use of eminent-domain is covered by Texas law.
olebufnav Champion Author Omaha Posts:4,121 Points:1,049,730 Joined:Nov 2008	Message Posted: Oct 6, 2012 9:45:23 AM Ignore olebufnav Report Abuse More lawyers getting rich...
AcuraTSX Champion Author Ohio Posts:5,626 Points:2,207,880 Joined:Dec 2005	Message Posted: Oct 6, 2012 9:45:20 AM Ignore AcuraTSX Report Abuse Just get the pipeline in.
albert2008 Champion Author Winnipeg Posts:7,487 Points:1,507,735 Joined:Sep 2008	Message Posted: Oct 6, 2012 9:45:06 AM Ignore albert2008 Report Abuse time tells all
k2kipp Champion Author Minnesota Posts:3,238 Points:1,148,700 Joined:Sep 2005	Message Posted: Oct 6, 2012 9:44:09 AM Ignore k2kipp Report Abuse Money talks
cateyes8264 Champion Author Tennessee Posts:2,997 Points:665,715 Joined:Jul 2011	Message Posted: Oct 6, 2012 9:43:25 AM Ignore cateyes8264 Report Abuse america needs this pipeline wake up people
donny47 Champion Author New Hampshire Posts:2,761 Points:1,006,315 Joined:Feb 2009	Message Posted: Oct 6, 2012 9:43:01 AM Ignore donny47 Report Abuse put it in!
Zeke33 Champion Author New Hampshire Posts:5,660 Points:1,635,215 Joined:Sep 2005	Message Posted: Oct 6, 2012 9:40:29 AM Ignore Zeke33 Report Abuse Dollar signs are lighting up the lawyer's eyes.
LoadToad Champion Author San Diego Posts:1,364 Points:1,298,045 Joined:Sep 2005	Message Posted: Oct 6, 2012 9:39:55 AM Ignore LoadToad Report Abuse Personal Fereedon ? ? ? ?
gr649 Veteran Author Chicago Posts:316 Points:101,645 Joined:Mar 2012	Message Posted: Oct 6, 2012 9:38:49 AM Ignore gr649 Report Abuse Eminent domain. For the good of the people?
A2J Champion Author Richmond Posts:3,205 Points:628,700 Joined:Aug 2011	Message Posted: Oct 6, 2012 9:38:04 AM Ignore A2J Report Abuse Okie
Settjec Champion Author Little Rock Posts:2,116 Points:711,590 Joined:May 2010	Message Posted: Oct 6, 2012 9:37:08 AM Ignore Settjec Report Abuse People don't know what those land owners are going through unless you have land that someone wants to make eminent domain of. The owners have rights too. There are a lot of other options but not one person wants to look at them. [Edited by: Settjec at 10/6/2012 10:37:53 AM EST]
Tnerbeel Champion Author Houston Posts:8,970 Points:1,776,515 Joined:Mar 2007	Message Posted: Oct 6, 2012 9:36:41 AM Ignore Tnerbeel Report Abuse Eminent domain is ugly, no matter how you look at it.