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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
Category: Daily News Article Discussions > Topics Add to favorite topics  
Author Topic: Texas Farmers Urge Appeals Court to Block Keystone Pipeline Back to Topics
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jrs4125
Champion Author Indiana

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Message Posted: Oct 8, 2012 6:24:27 AM

Money and power WILL get what they want.
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teenitup
Champion Author Houston

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Message Posted: Oct 7, 2012 10:50:15 PM

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.
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MAC48
Champion Author Dallas

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Message Posted: Oct 7, 2012 12:54:39 PM

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.

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teenitup
Champion Author Houston

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Message Posted: Oct 7, 2012 9:37:24 AM

Why would a US citizen having the vision to see the need for a pipeline be ironic?
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LetemEatCake
Champion Author Oklahoma City

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Message Posted: Oct 6, 2012 11:37:37 PM


"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.
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slicerette
Champion Author South Bend

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Message Posted: Oct 6, 2012 10:59:08 PM

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.
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rbrk02
Champion Author Rhode Island

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Message Posted: Oct 6, 2012 9:46:49 PM

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.
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teenitup
Champion Author Houston

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Message Posted: Oct 6, 2012 9:36:22 PM

<<"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.
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ktbaeohana
Champion Author Las Vegas

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Message Posted: Oct 6, 2012 7:09:34 PM

Canada has no right to try or use the court, which it not there country. watch and see.
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merlinCO
Champion Author Colorado

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Message Posted: Oct 6, 2012 6:15:30 PM

Why doesn't Canada build refineries and sell the fuel?
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teenitup
Champion Author Houston

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Message Posted: Oct 6, 2012 4:36:09 PM

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.
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teafortwo
Champion Author Washington

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Message Posted: Oct 6, 2012 4:32:17 PM


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.
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teenitup
Champion Author Houston

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Message Posted: Oct 6, 2012 4:32:02 PM

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.

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PDQBlues
Champion Author San Diego

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Message Posted: Oct 6, 2012 4:16:01 PM

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.
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HorizonChaser
Champion Author Montgomery

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Message Posted: Oct 6, 2012 3:38:54 PM

Agriculural conerns should always come first! Move the stupid pipeline. Protect our farmers and farmlands!!
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SUVFan
Champion Author Columbus

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Message Posted: Oct 6, 2012 1:52:23 PM

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.
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teenitup
Champion Author Houston

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Message Posted: Oct 6, 2012 1:48:20 PM

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]
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LuckyD43
Champion Author Long Island

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Message Posted: Oct 6, 2012 11:37:16 AM

This sounds like it's going to be a long drawn-out battle. I hope the landowners win.
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sprocketsplines
Champion Author Washington

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Message Posted: Oct 6, 2012 11:23:55 AM

Looks like an uphill battle for the landowners.
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benjy
Champion Author Chicago

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Message Posted: Oct 6, 2012 11:12:17 AM

Johnnie get ya gun.....
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Don20
Champion Author Oklahoma City

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Message Posted: Oct 6, 2012 11:10:18 AM

Its going to be a big fight,?????
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HATinMUNDY
Champion Author Michigan

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Message Posted: Oct 6, 2012 11:07:57 AM

Time will tell.....
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arinkrat17
Champion Author Twin Cities

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Message Posted: Oct 6, 2012 11:07:42 AM

ok
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Janetique
Champion Author Virginia Beach

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Message Posted: Oct 6, 2012 11:05:31 AM

there has got to be an amicable solution.
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buzzieNY
Champion Author Buffalo

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Message Posted: Oct 6, 2012 11:04:18 AM

Eminent domain is ugly, no matter how you look at it.
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nozzle46
Champion Author Little Rock

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Message Posted: Oct 6, 2012 11:02:17 AM

Funny how we're all for the law until it interferes with us.
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Wierbe
Champion Author Cincinnati

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Message Posted: Oct 6, 2012 10:58:05 AM

Do you want to predict the future of the XL? Just follow the money.
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DABEE1073
Champion Author San Diego

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Message Posted: Oct 6, 2012 10:54:51 AM

"Voltus" I DO AGREE WITH YOU 110 PER CENT.
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Mowerman08
Champion Author Milwaukee

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Message Posted: Oct 6, 2012 10:53:05 AM

Texas needs to clean up it laws!

Looks like a 1898 law conflicts with a 2011 law.
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sydb7
Champion Author Atlanta

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Message Posted: Oct 6, 2012 10:52:03 AM

The money is winning and will prevail in the end! That is how this economic system is structured!
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Voltus
Champion Author Miami

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Message Posted: Oct 6, 2012 10:49:36 AM

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...
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JoeKR
Champion Author New Jersey

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Message Posted: Oct 6, 2012 10:49:31 AM

I support the Texas farmers.
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mycar2
Champion Author Akron

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Message Posted: Oct 6, 2012 10:48:08 AM

money will take over
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Pozole
Champion Author Portland

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Message Posted: Oct 6, 2012 10:47:58 AM

...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...
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99church
Champion Author Indiana

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Message Posted: Oct 6, 2012 10:47:14 AM

Offer them Fair Market Value and an extra Whatever for their inconvience
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manbig13
Champion Author Cleveland

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Message Posted: Oct 6, 2012 10:46:11 AM

good
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unicornpmb
Champion Author Buffalo

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Message Posted: Oct 6, 2012 10:46:08 AM

Money always win.
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ESCORT6768
Champion Author Iowa

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Message Posted: Oct 6, 2012 10:45:27 AM

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.
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olebufnav
Champion Author Omaha

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Message Posted: Oct 6, 2012 10:45:23 AM

More lawyers getting rich...
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AcuraTSX
Champion Author Ohio

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Message Posted: Oct 6, 2012 10:45:20 AM

Just get the pipeline in.
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albert2008
Champion Author Winnipeg

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Message Posted: Oct 6, 2012 10:45:06 AM

time tells all
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k2kipp
Champion Author Minnesota

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Message Posted: Oct 6, 2012 10:44:09 AM

Money talks
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cateyes8264
Champion Author Tennessee

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Message Posted: Oct 6, 2012 10:43:25 AM

america needs this pipeline wake up people
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donny47
Champion Author New Hampshire

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Message Posted: Oct 6, 2012 10:43:01 AM

put it in!
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Zeke33
Champion Author New Hampshire

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Message Posted: Oct 6, 2012 10:40:29 AM

Dollar signs are lighting up the lawyer's eyes.
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LoadToad
Champion Author San Diego

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Message Posted: Oct 6, 2012 10:39:55 AM

Personal Fereedon ? ? ? ?
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gr649
Veteran Author Chicago

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Message Posted: Oct 6, 2012 10:38:49 AM

Eminent domain. For the good of the people?
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A2J
Champion Author Richmond

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Message Posted: Oct 6, 2012 10:38:04 AM

Okie
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Settjec
Champion Author Little Rock

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Message Posted: Oct 6, 2012 10:37:08 AM

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]
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Tnerbeel
Champion Author Houston

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Message Posted: Oct 6, 2012 10:36:41 AM

Eminent domain is ugly, no matter how you look at it.
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