Keystone Pipeline Eminent-Domain Foes Fight Nebraska Law (2)
“The proposed Keystone XL pipeline faces a court challenge in Nebraska, where three property owners contend state lawmakers gave the governor illegal power to take away their land for the project.
The Nebraska Legislature transferred to Governor Dave Heineman and, through him, to Calgary-based pipeline builder TransCanada Corp. (TRP), its authority over eminent domain in violation of the state constitution’s separation of powers, the landowners said in a court filing.
Today they asked Judge Stephanie Stacy in Lincoln, the state capital, to strike down that legislation.
“The legislature is not empowered to delegate power to a private company at the expense of its residents,” their lawyer, David Domina, told Stacy today.
The Keystone XL pipeline, which has also triggered lawsuits challenging eminent domain in Texas, would connect Alberta’s oil sands to refineries on the U.S. Gulf Coast. Because the project crosses the national border, it is subject to U.S. State Department review.”
Harris, Andrew and Tom Witosky. Bloomberg Business Week 27 September 2013.