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Yeah, I was imprecise. Why not new ROW next to existing ones? That would eliminate the whole Nebraska issue altogether.
No room for another pipe in the easements. Eminent domain laws require the condeming authority to only acquire the minimum amount of land that they need. Plus, the condemning authority isn't going to want to pay for land they don't need. A pipeline easement isn't any wider than the width of the pipe plus the greater of the horizontal clearance needed from that pipe to another pipe, or the amount of space required for an inspection/maintenance vehicle to get through.
Yeah, I was imprecise. Why not new ROW next to existing ones? That would eliminate the whole Nebraska issue altogether.
That's certainly the preferred way to do it, but you'll run across situations where you can't or don't want to. Things like development on both sides of an easement creating a pinch point where you can't acquire adjacent ROW, different pipelines needing to go to different locations, being able to cut a shorter route through new land, etc.
Haven't followed the Nebraska issue close enough to know whether or not any of those concerns exist there.
Well it would definitely be a shorter route, but it could be argued that following the existing route would help distribute North Dakota shale oil, etc.
I think Keystone needs to justify not doing it that way, really.
Agreed. The whole thing has been horribly over-politicized IMO.
Kelo is absurd, except where it isn't.
Not intuitively clear to me, but I'm fairly sure you know what you mean.
What do you mean?
No, not trolling (or trying to pick a fight - we have common ground, here); I felt you answered your own question - didn't have time to bold part of it.
Um yeah, what do you mean FWD?
You again?
Thanks info.
I guess the same argument could have been made when the interstates were being built.
Roads more important than property rights.
Its not like you wont ever be allowed to plant crops over this pipeline again and i'm sure this family is being more than fairly compensated, of if they wouldnt be such a about it would have most definitely been more than fairly compensated for the loss of their land for a season or three.
Now they wont get other than the minimum required by law as compensation.
At least with these pipelines you can still use the land once the pipeline is completed.
I'm slammed this morning...not much time to interpret the decision. It is, however, pivotal in the determination of public welfare benefits via eminent domain.
FWD has the goods.
Without wading too deeply into this, given that I haven't devoted much time to studying the issues carefully, what I gather from the discussion here reminded me of the uproar when Kelo was decided a few years ago.
The citizenry were apoplectic that the Supreme Court would permit the use of governmental eminent domain power to obtain property which would then be used by private en ies for their own economic betterment. There were cries to amend the Cons ution, States reacted swiftly with laws prohibiting such efforts, to impeach Justice Stevens, and to do all sorts of other things. Kelo was decried as one of the worst bits of judicial activism ever. The rationale of Kelo was utterly absurd.
Now, it appears that the rationale of Kelo isn't really that absurd -- why can't we take private property from one, compelling him to accept "just compensation" for it, and turn it over to a private en y that "needs" the property to further its own economic interests?
"drill , drill"
Just straight up utilitarianism: greatest good for the greatest number. You could make the same argument about tax revenue/welfare tbh ...
or communism
That's kinda the point ...
I find your lack of faith...disturbing.
You answered your own question again.
You pointed out the similarities in use of ED vis a vis the Railroads and now the Pipeline.
He is saying you have asked and answered your own question, meaning the Pipeline will go through just the same as the RRs were, regardless of property rights along the way.
I find your lack of faith...disturbing.
The cowboys definitely went Alderaan on some Arlington residents who didn't want to give up their property for Death Star construction.
My daughter lives in that complex in the foreground. I've got free parking, baby!
You support Darth Jerry the death star!?!?!?!
I knew you were VRWC!
I said that their actions reminded me of those stories not that the means they used to achieve their ends were the same as those stories. When I ask questions like that i am looking for specifics. Its a simile not a definition or an explanation.
The RRs got cooption from the feds and states in building their lines. That is not the case here. Having since looked it up, the basis for the injunction is that the pipeline has not been approved thus it is not a public work. They are trying to do it it anyway and if the courts do allow them to claim land anyway that bodes very ill for the future of property rights in this country
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