Although the Obama administration is still weighing whether to give the Keystone XL pipeline the necessary approvals to begin construction, the courts are already deciding that eminent domain can be used to secure access to private land.
According to Steven Mufson, "the vast majority of landowners have signed agreements with TransCanada" to allow the Keystone XL pipeline to traverse their private lands on its route from Canada to the Gulf of Mexico. However, "where necessary, the Calgary, Alberta-based company is busy going to
state courts to exercise eminent domain and lining up rights to cross
properties throughout the Great Plains," reigniting "the emotional issue of eminent domain - the taking of private property for public use - all along its proposed route," writes Mufson.
With courts already siding with the pipeline owners, approval of the project by the federal government may clear any potential barriers to the widespread application of eminent domain. And, reportedly, TransCanada is using the threat of eminent domain to pressure landowners into reaching agreement with the company.
Nevertheless, some landowners like John Harter, who view the project as driven by "greed, not need" continue to holdout.
"'Negotiating with TransCanada having right of eminent domain is like
having somebody trying to rob you at gunpoint and arguing for your
billfold when there's nothing in it,' Harter said. When a company
representative threatened to use eminent domain, he recalled, 'I said,
‘I will not be bullied into signing.' "
FULL STORY: Keystone XL pipeline is issue of property rights for some ranchers
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Trump Signs Two Executive Orders Limiting States' Authority Over Energy Pipelines
The Trump administration's "energy dominance" agenda depends, in part, on growing the energy distribution network, namely pipelines, rail facilities, and ports. However, states can use the Clean Water Act to block pipelines and coal terminals.
Tar Sands Oil Just Lost Another Outlet, For Now
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Pennsylvania Mall Conversion Bill Passes House
If passed, the bill would promote the adaptive reuse of defunct commercial buildings.
Planning for Accessibility: Proximity is More Important than Mobility
Accessibility-based planning minimizes the distance that people must travel to reach desired services and activities. Measured this way, increased density can provide more total benefits than increased speeds.
Fair Housing Cannot Take a Back Seat to ‘Build, Baby, Build’
If we overlook fair housing principles in the plan to build US housing back better, we risk ending up right back where we started.
LA Metro Board Approves New 710 Freeway Plan
The newest plan for the 710 corridor claims it will not displace any residents.
Austin’s Proposed EV Charging Rules Regulate Station Locations, Size
City planners say the new rules would ensure an efficient distribution of charging infrastructure across the city and prevent an overconcentration in residential areas.
Making California State Parks More Climate-Resilient
A recently released report offers recommendations for keeping state parks healthy and robust, including acquiring additional land for conservation and recreation.
City of Costa Mesa
Licking County
Barrett Planning Group LLC
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
Tufts University, Department of Urban and Environmental Policy & Planning
City of Universal City TX
ULI Northwest Arkansas
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