OMAHA, Neb. (AP) — TransCanada Corp. will temporarily suspend
efforts to seize Nebraska land for its much-delayed Keystone XL oil p
ipeline after landowners sued, in what is one obstacle the Canadian
company still faces in the 1,179-mile project.
A Holt County District judge issued a temporary injunction Thursday,
eeping TransCanada from invoking eminent domain along the proposed
Keystone XL route in northern Nebraska while a lawsuit by landowners
in that county plays out. TransCanada agreed to the order, hoping to get
an accelerated trial schedule so that it can quickly resolve the legal
disputes.
A TransCanada spokesman said a similar agreement is being sought in
southern Nebraska's York County, where landowners have filed another
lawsuit seeking to keep the Calgary-based company from seizing land
using eminent domain.
A hearing in Holt County has been set for Feb. 25 on the issue of case
rogression, TransCanada spokesman Mark Cooper said.
Last month, TransCanada filed legal papers in nine Nebraska counties to
nvoke eminent domain for the land that's needed to construct, operate
and maintain the pipeline. It would go from Canada through Montana
and South Dakota to Nebraska, where it would connect with existing
pipelines to carry more than 800,000 barrels of crude oil a day to
refineries along the Texas Gulf Coast.
Nebraska landowners filed their lawsuits last month after the state
Supreme Court tossed an earlier, similar lawsuit, with three justices
saying the plaintiffs in the case didn't have standing to sue because
they didn't prove TransCanada was seeking their land.
Opponents have sought to prevent TransCanada from using eminent
domain and to overturn a state law that allowed ex-Gov. Dave
Heineman to approve the pipeline's route through the state in 2013.
The judge's order Thursday made no pronouncements on the merits of
the case. Such injunctions are common while litigation is pending.
"We expected the temporary injunction order to be issued, as it was,"
said Dave Domina, an attorney for the landowners.
TransCanada said in a statement that 90 percent of Nebraska
landowners along the Keystone XL route — and 100 percent of those in
Montana and South Dakota — have agreed to easements to build the
pipeline. It also said its offers "are generous, and that all landowners
are treated fairly and respectfully."
The pipeline, first proposed in 2008, still requires presidential approval
because it crosses an international border. On Wednesday, the
Republican-controlled Congress cleared a bill to construct the pipeline,
setting up a confrontation with President Barack Obama, who has
threatened to veto the measure.
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