In the News: Keystone XL Pipeline and Eminent Domain in Texas

The Keystone XL Pipeline situation took an interesting twist yesterday, with Judge Bill Harris of Lamar County Court at Law and his decision to uphold TransCanada’s condemnation of a 50-foot strip of land across a Texas plaintiff's land.  As reported by the New York Times, Plaintiff Julia Trigg Crawford plans to appeal Judge Harris' ruling which was apparently emailed to parties from his iPhone (text of the alleged 15-word ruling reported here). For those unfamiliar with the Keystone XL Pipeline Project, TransCanada has applied to the U.S. Department of State to obtain a permit to build a 1,179 mile pipeline from Alberta to Nebraska with possible extensions in Texas and Oklahoma allowing for easy access to the Gulf Coast.  TransCanada's initial application was denied, however, a second application is now being reviewed by the Department of State (DOS). The DOS is expected to make a decision on this pipeline in the early part of 2013. For more information about this issue see the related resources listed below:

Map by TransCanada of the existing and proposed Keystone XL pipelines, available at http://stateimpact.npr.org/texas/tag/keystone-xl-pipeline/.

Related Resources:

Saul Elbein, Judge Upholds Eminent Domian for Pipeline in Texas, NY Times (Aug. 23, 2012).

 

Leslie Kaufman & Don Forsch, Eminent Domain Fight Has a Canadian Twist, NY Times (Oct. 11, 2011).

 

New Keystone XL Pipeline Application, U.S. Dep't of State (last visited Aug. 24, 2012) (project documents / press releases - includes DOS' January 18, 2012 Report to Congress).

 

Keystone XL Pipeline Project, TransCanada (last visited Aug. 24, 2012).

 

CRS Report, Keystone XL Pipeline Project: Key Issues (May 9, 2012).

 

Update

Nebraska's XL Keystone Pipeline Evaluation, Neb. Dep't Envtl. Quality (last visited Nov. 6, 2012). 

Condemnation Hot Topics CLE

This ABA teleconference will examine new and important condemnation cases and trends, and also review eminent domain as a backdrop for land use regulation.

Date: Wednesday, April 1, 2009
Format: Teleconference and Live Audio Webcast
Duration: 90 minutes

$90 Section of State and Local Government Law Members
$130 ABA Members
$150 General Public
$60 Each additional registrant using the same phone line

Eminent Domain and Land Valuation Litigation

This annual ALI-ABA course offers an opportunity for eminent domain lawyers representing owners and condemning authorities, together with professionals from allied fields, to share useful ideas and experiences and to engage in healthy debate on the cutting edge issues of the day. One of the unique aspects of the program is the opportunity to meet with colleagues from around the nation, exchange ideas, and enjoy fellowship.

On Thursday and Friday afternoons, registrants may choose between topics on two concurrent tracks – one on practice issues and case studies, and the other on substantive issues. This year a significant portion of the conference is also devoted to presentations on the emergence of Public-Private Partnerships (PPPs) as an alternative to traditional eminent domain takings, and why this trend is capturing the attention of public governmental agencies across the nation.

The program is scheduled for January 8-10, 2009 at the Eden Roc Resort in Miami Beach, FL

Condemnation 101: How To Prepare and Present an Eminent Domain Case

This continuing legal education program sponsored by ALI_ABA provides an introduction (or refresher) to basic concepts and techniques of preparing and presenting an eminent domain case. The program will take place January 8-10, 2009 at the Eden Roc Resort in Miami Beach, FL. A webcast version is also available.