The Keystone XL pipeline has been in the news for most of the summer in Nebraska. Mostly at issue is the route that crosses the Nebraska sandhills and the Ogallala Aquifer which has the purest water on earth. Aside from the route, one of the other issues that really has landowners along the route upset is the right of a foreign and private company to use eminent domain in the United States.
TransCanada does not yet have a permit from the State Department, yet it is already securing easements and doing prep work along the route which has yet to be approved. One of the statements being made is that the pipeline is in "America's best interest" and therefore eminent domain can be exercised. However, with China and Korea being two of the main financial backers, it is clear that the oil is being transported across the central part of the United States to the Gulf to be placed on the global market. So, if Canada can do this without having a permit, what stops any country from exercising eminent domain in the United States?
New York Times article below.
http://www.nytimes.com/2011/10/18/us/transcanada-in-eminent-domain-fight-over-pipeline.html?_r=1
My understanding is that it is of no benefit to the US. Something is very wrong if Eminent Domain is used to secure land.
I think a foreign entity should have no standing in US courts to get eminent domain.
What would happen, of course, is that US or state government would approve the project, condemn the land, and then sell the easement to the foreign company. Same result, but it preserves principles and lets you vote out the scoundrels if you get enough people mad about it.
I would think that the foreign owned company would partner with an American company which would acquire the rights of way.
Eminent Domain would have to be exercised or authorized by some division of US government. Public utilities have limited abilities as authorized by the sovereign within which they are operating.
The Canadian oil company cannot exercise eminent domain. However, if the federal or state government has determined some public benefit for its citizens, they may exercise eminnent domain on behalf of the people of ____________ (the US or Nebraska as the case may be).
That benefit might be the availability of petroleum products sourced through the pipeline, or it may be in the form of sizeable royalties or ongoing licensing payments.
With the abuse of eminent domain that has occurred (as brought to the public's attention by Kelo v New London), keeping watch of how officials exercise it in this case is warranted.
Key questions: What is the public benefit to the people of the US and to the people of the states the pipeline is passing through? and What entity would be exercising the eminent domain for the project? Authorizing a foreign company to pursue it would set a really bad precedent.
It is my understanding that the pipeline is transporting
Tarsand Oil to Beaumont for refining. I don't know it that would make any difference as opposed to loading the crude on ships for transport elsewhere.
The big issue in the East Texas area is that the Tarsand oil is much more corrosive than regular crude according to the opposition. Pipeline safety is the big issue.
James
Didn't Cheney tell Afganistan he wanted to put a pipeline in across their country? Or, we would bomb them into the 13th century? Obviously multi-national companies like these don't really recognize governments. The just get in the way of corporate growth.
Got any proof or documentation on that? I thought not. Must be one of those "facts" that everyone knows is true.
I thought they still were in the 13th century.
Cliff-
Were you not aware ............. 😉
After Billery gets back from 'Arfgunitstan' she will be signing the papers for the proclamation of Louisiana becoming the 11th Canadian Province.
The Republic of Texas' representative, just last week when changing to his winter surveying kilt in the Moose Jaw Office of McMoundfinder Freres, reviewed the Annexation Order making Awstun a fiefdom of the Principality of North Aboyne.
YOS
TNAI
Plenipotentiary North Aboyne
PS-
Overtures for a Regal relationship in the form of the Raj with Green Bay are ongoing
The current year for them appears to be 1432, so I guess they are in the fifteenth century.