Sierra Club
As Republicans in Congress try to use any means possible to do the bidding of their Big Oil backers and construct the Keystone pipeline at any cost, they seem to be losing many of their Tea Party constituents to eminent domain concerns. On the morning of Feb. 17, Texas Tea Party groups joined environmental activists in protest of TransCanada’s eminent domain claims to land for the Keystone XL tar sands pipeline.
Texas landowner Julia Trigg Crawford has been at the center of eminent domain issues—but isn’t letting go of her land without a fight. On Monday, Feb. 13, Ms. Crawford obtained a restraining order against TransCanada to protect her property. Within 24 hours, TransCanada in turn filed for the restraining order to be dissolved. Judge Bill Harris held a hearing in Paris, Texas on Feb. 17—but not before hundreds of activists from both sides of the aisle had time to rally in support of Ms. Crawford and her right to private property.
The groups demonstrated their Texas pride at the rally and hearing with their boots on and their Texas and American flags held high telling this private, foreign company—“Don’t Mess with Texas.” The message from both Tea Party members and landowners was clear—this is private property, and you can’t take it without our permission.
“This is a private company taking land for private use and foreign profit. They are cloaking themselves in common carrier regalia and exercising eminent domain against Texas citizens but there is no evidence that they have the legal authority to seize property in Texas,” said Debra Medina, former Republican gubernatorial candidate and director of We Texans.
Though TransCanada’s permit was denied, the company continues to bully landowners and execute eminent domain condemnation proceedings. Groups are questioning this company’s right to take land via eminent domain. The Railroad Commission has stated that it does not have the authority to grant the power of eminent domain to TransCanada.
“Everyone wants to know, by what authority or permit does this private, foreign company have the right to condemn property and start construction? We are going to tell TransCanada, don’t mess with Texans, don’t mess with our landowners,” said Linda Curtis of Independent Texans.
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Friends… Pipelines can be built without eminent domain. Some pipeline companies use the Reverse Auction process.
Those that choose to use eminent domain are probably being lazy and impatient. We can think of them as bullies.
Here are some links to learn more:
http://en.wikipedia.org/wiki/Reverse_auction
http://en.wikipedia.org/wiki/Auction
I learned about this practice from a journal article by economist Bruce Benson. He was discussing highways and suggested a technique be borrowed from companies that build pipelines who sometimes use a specialized bidding strategy. Here is how it works: multiple routes are mapped and land owners in each route are then offered an opportunity to sell an easement or a strip of property. The route with the lowest cumulative cost is the one chosen.
IT’S ALL VOLUNTARY! The national coalition fighting the Keystone can demand the builder use the reverse auction procedure. Since it would have the high ground and industry precedent to point to, the political pressure on the politicians to make them demand TransCanada use the voluntary acquisition policy would be sufficient, one can hope, to save unwilling sellers from being coerced to sell.
Link to the article: http://www.independent.org/publications/tir/article.asp?issueID=43&articleID=544
Author’s bio: http://mailer.fsu.edu/~bbenson/
Here is the article title and a quote…
The Mythology of Holdout as a Justification for Eminent Domain and Public Provision of Roads
— BRUCE L. BENSON
Quote: “A similar strategy might be used by the private buyer of a right-of-way even if it is known that a highway is going to be constructed. Suppose, for example, that the highway provider chooses more than one potential route. He then informs the land owners along the two routes that he would like to purchase specified parcels from each of them and that each should submit the price at which he is willing to sell (alternatively the developer might make initial bids that can be accepted, but indicate that each seller has an opportunity to make one take-it-or-leave-it counteroffer). In addition, potential sellers are informed that the buyer will purchase only the right-of-way with the lower total cost (a maximum might also be specified or information provided about the total acreage required on each right-of-way). Pipeline builders, for example, although their precise strategies may differ, “routinely consider alternative routes….’ ”
Barry Klein
713-224-4144
The national stoplight should be focused on Paris, Texas, where small landowner Julia Trigg Crawford is fighting not only for her private property rights, but also in the long run for equal justice and US democracy and sovereignty. At the hearing in the Paris courtroom yesterday, Judge Bill Harris asked that chilling question (of TransCanada)as to how a small landowner can dare to challenge a multi-bullion dollar company when the company can under law demand millions of dollars per day in damages should the landowner lose its well-intentioned case. AND, SO OFTEN THE SMALL LANDOWNER OR OTHER CITIZEN LACKS THE MASSIVE AMOUNT OF MONEY REQUIRED TO MATCH THE HUGH CORPORATION IN THE NUMBER OF EXPERTS AND LAWYERS AND COURT PROCEEDINGS THAT THE CORPORATION CAN QUITE EASILY AFFORD. I think that I have heard Texas landowners say that TransCanada warns that it will bury these landowners in legal fees if they challenge TransCanada.
It is about time the spotlight on the Keystone XL pipeline is finally focused on Texas. TransCanada has gotten away with bullying landowners for long enough. They have also lied repeatedly about the nature of the product they intend to shunt down a path crossing our waterways and streams, and our Carrizo Wilcox aquifer that supplies water to 60 East Texas counties. They have avoided answering hard questions including, who will pay if there is a spill? The spill into the Kalamazoo River in July 2010 (Enbridge-owned tar sands pipeline) contaminated water and forced evacuations, and is still not cleaned up though $700 million have been spent to date. There have been 14+ spills from the existing TransCanada Keystone tar sands pipeline so far, and this is a new pipeline! The first environmental review was conducted by Cardno Entrix, with strong financial ties to TransCanada. The public meetings, also held by Cardno Entrix, were rigged in favor of the pro-pipeline people. This is only the beginning. People need to buckle down and learn the facts about this pipeline that is not, regardless of what TC officials say, just your ordinary pipeline.