The landowners trying to stop Keystone XL in Nebraska were dealt a blow in the Friday, January 9th, ruling of the Nebraska Supreme Court. Landowners won a majority of the Court, but not super majority. Highlights:
- Pg. 38: the NE Court cites Denbury.
- Writing: ” The Texas Supreme Court has addressed this issue in the context of pipeline carriers.150 It reversed a court of appeals’ decision that a property owner could not challenge a common carrier certification by a pub- lic service commission.”
- “It held that Texas statutes authorizing eminent domain power for common carriers do not include the owner of a pipeline built for the owner’s exclusive use. ”
- The NE Court ruled on constitutionality of a statute that transfered power to the Govenror and allowed expedited permitting for pipelines. Under the statute, the Governor could directly authorize eminent domain for a project.
- A majority of the Court ruled the statute unconstitutional, BUT
- The NE Constitution requires a super majority to overturn statutes.
- No supermajority existed to find the statute unconstitutional.
- The Court opines that citizens deserve a hearing on the merits- the transfer of power and eminent domain.
- The NE Court did not rule on eminent domain
WSJ Nebraska Supreme Court Opinion
Response from Landowner Attorneys: The Fight for Property Rights Continues