![]() ![]() Marti — You may have already heard, but TransCanada just filed new eminent domain claims in court against 90 Nebraska family farmers and ranchers — including my family — who refuse to give up our land for this foreign corporation’s Keystone XL tarsands export pipeline. [1] TransCanada has been bullying my family and other Nebraska landowners for the past ten years, seeking land that’s been in our families for generations for a pipeline that threatens our farms, our water, and our climate. Now this foreign corporation has filed a lawsuit against my family, and dozens of other farming and ranching families, and intends to abuse eminent domain to take our land for KXL against our wishes. We have less than a month from today to respond in court, and oppose TransCanada’s eminent domain lawsuits. We need your support in this moment more than ever before.
Landowners like my family have stood together for ten years, and we intend to fight these new eminent domain lawsuits. Bold supporters like you have also stood with the landowners during this decade-long fight, and we thank you. Thank you for continuing to stand with us. Jeanne Crumly, Nebraska landowner in Holt County REFERENCES: [1] “Eminent domain process for Keystone XL pipeline begins in Nebraska,” Omaha World-Herald, 9/28/19. P.S. Chip in to support Bold Alliance’s work. @Bold_Alliance on Twitter Bold Alliance |
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Oct 17, 2019 @ 03:18:30
Judge Attacks “Kafkaesque Regime” That Lets Pipeline Companies Seize Land With Eminent Domain
Nick Sibilla
Aug 14, 2019,
In an opinion that referenced Dante Alighieri, Franz Kafka, and If You Give a Mouse A Cookie, a federal judge blasted the Federal Energy Regulatory Commission (FERC) for creating a “seemingly endless administrative limbo” that traps property owners who want to protect their land from natural-gas pipelines. The case, Allegheny Defense Project v. FERC, centers around Michelle and Gary Erb, who were forced to sell their land in rustic, southeastern Pennsylvania to Transco, in order to clear the way for the company’s Atlantic Sunrise Project, a 200-mile pipeline that connects to the gas-rich Marcellus Shale.
Unanimously, the U.S. Court of Appeals for the D.C. Circuit rejected the homeowners’ argument that FERC had infringed on their constitutional right to due process, declaring that they “cannot surmount the deferential standards of agency review and binding circuit precedent.” Though bound by precedent and thus compelled to vote with her colleagues, Judge Patricia Millett nevertheless urged the circuit to reconsider its past decisions, writing separately that “this case starkly illustrates why a second look by us or by the Commission is overdue.”
In a blistering concurrence, Millett slammed FERC for “twist[ing] our precedent into a Kafkaesque regime” that lets “energy companies plow ahead seizing land and constructing the very pipeline that the procedurally handcuffed homeowners seek to stop.” “In cases involving private property rights, the Commission has transformed this court’s decisions upholding its tolling orders into a bureaucratic purgatory that only Dante could love,” she added.
https://www.forbes.com/sites/nicksibilla/2019/08/14/judge-attacks-kafkaesque-regime-that-lets-pipeline-companies-seize-land-with-eminent-domain/#2e5f11a6350c
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Oct 13, 2019 @ 21:44:32
Wow, but the Shape Shifting Alien Reptiles are desperate. Kinder Morgan (started by former Enron executive Richard Kinder) has also made a strong presence in Georgia, with its proposed Palmetto Pipeline, shelved for now, as it works behind the scenes with Georgia legislators to pave the way for eminent domain here.
If anybody has any doubts that the corporations and the governments are two heads of the same hydra, they need to look at the dominance of the oil industry. Thanks, John D. Rockefeller. May a pipeline flow through your grave.
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Oct 13, 2019 @ 14:40:58
Reblogged this on The Most Revolutionary Act and commented:
Donate to Nebraska landowners’ legal defense against TransCanada’s eminent domain lawsuits for Keystone XL.
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Oct 12, 2019 @ 19:45:08
PACIFIC LEGAL FOUNDATION
Landmark Victory for Property Rights at the Supreme Court.
Justices remove barriers for bringing property rights lawsuits in federal courts.
READ MORE
https://pacificlegal.org/
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Oct 12, 2019 @ 18:46:45
MAY 29, 2018
Canada to buy Kinder Morgan oil pipeline in bid to save project
David Ljunggren, Rod Nickel
OTTAWA/WINNIPEG (Reuters) – Canada will buy Kinder Morgan Canada Ltd’s (KML.TO) Trans Mountain pipeline for C$4.5 billion ($3.5 billion), the government said on Tuesday, hoping to save a project that faces formidable political and environmental opposition.
He said the pipeline purchase provided the federal jurisdiction needed to overcome British Columbia’s opposition, but gave no details of how this would work.
Finance Minister Bill Morneau said purchasing the pipeline was the only way to ensure that a planned expansion could proceed.
The federal government can in theory step in and disallow any provincial laws that British Columbia might use to block the pipeline, but this provision in the Canadian constitution has not been used since the 1940s.
Ottawa could also deploy the police and troops to maintain a barrier between protesters and construction workers.
https://www.reuters.com/article/us-kindermorgan-cn-pipeline/canada-to-buy-kinder-morgan-oil-pipeline-in-bid-to-save-project-idUSKCN1IU1MR
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Oct 12, 2019 @ 18:43:59
For anyone with a keen mind for legal documents (Marti) this is a 380 page document
October 22, 2014
Dear Kinder Morgan, Inc. Stockholder:
On August 9, 2014, we entered into three separate merger agreements with Kinder Morgan Energy Partners, L.P., which is referred to as ‘‘KMP,’’ Kinder Morgan Management, LLC, which is referred to as ‘‘KMR’’ and El Paso Pipeline Partners, L.P., which is referred to as ‘‘EPB,’’ pursuant to which Kinder Morgan, Inc., which is referred to as ‘‘KMI,’’ will acquire directly or indirectly all of the outstanding equity interests in KMP, KMR and EPB that KMI and its subsidiaries do not already own.
Page 6
any waiting period applicable to the transactions contemplated by the KMP merger agreement under the HSR Act must have been terminated or must have expired (the Antitrust Division and the FTC granted early termination of the applicable waiting period under the HSR Act on August 22, 2014);
no law, injunction, judgment or ruling enacted, promulgated, issued, entered, amended or enforced by any govermental authority (each, a ‘‘restraint’’) shall be in effect enjoining, restraining, preventing or prohibiting consummation of the transactions contemplated by the KMP merger agreement or making the consummation of the transactions contemplated by the KMP merger agreement illegal;
Click to access KMI_Proxy_Statement.pdf
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Oct 12, 2019 @ 18:36:03
Wild Horse & Burro advocates became aware of pipelines during the Calico roundup in Nevada. According to many it was one of the most destructive roundups in the ugly history of Bureau of Land Management Wild Horse & Burro removals from public lands..and that’s saying a lot.
It brought attention to the fact that foreign-owned corporations were pretty much running rough-shod over United States citizens and laws.
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