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| Sen. Jim Smith, of Papillion, sponsor of LB1161, which helps TransCanada trample property rights of Nebraska ranchers and farmers through abuse of eminent domain. Smith's law exempts oil companies that apply during 2012 from complying with Nebraska's new Major Oil Pipeline Siting act. Smith claims, with a straight face, that his law wasn't unconstitutionally written specifically for TransCanada. |
Smith is the Nebraska State Chairman of ALEC, the American Legislative Exchange Council, a group funded by the extremist right-wing billionaire Koch brothers, to get bills written by corporate lobbyists passed in state legislatures.
Smith's bill lets TransCanada dictate terms, conditions and compensation to landowners and if they don't like it — tough luck. Here's the language:...desiring or requiring a right-of-way or other interest in real estate and being unable to agree with the owner or lessee of any land, lot, right-of-way, or other property for the amount of compensation for the use and occupancy of so much of any lot, land, real estate, right-of-way, or other property as may be reasonably necessary for the laying, relaying, operation, and maintenance of any such pipeline or the location of any plant or equipment necessary to operate such pipeline, shall have the right to acquire the same for such purpose through the exercise of the power of eminent domain...
Above: citizen testimony in May of 2011 about TransCanada's deplorable treatment of Nebraska farmers and ranchers, which would now be aided and abetted by Sen. Jim Smith's pending legislation. (The bills at the end of the video are no longer pending.)
Here's what Bold Nebraska said about LB1161 on March 28th:
This bill IGNORES the laws we just passed during the Special Session and fast-tracks a route approval (before they submit their federal application). Worst of all, LB 1161 grants TransCanada immediate eminent domain authority versus them having to get their federal permit before taking Nebraskans' land which is our state law now.
Despite Jim Smith's ridiculously dishonest denials, the law is obviously boutique legislation to benefit a foreign oil company. Look at the shamelessly specific language in his bill:
...The Major Oil Pipeline Siting Act shall not apply to any major oil pipeline that, prior to January 1, 2013, has submitted an application to the United States Department of State pursuant to Executive Order 13337 or, prior to January 1, 2013, has applied for or is granted international border crossing authority pursuant to federal law.Ben Gotschall of Bold Nebraska on the LB1161 hearing:
Reaction from the Nebraska Chapter of the Sierra Club:Another frequent phrase used during the hearing by Sen. Christensen was that Nebraska needed to “hold up our end of the deal” with TransCanada. Well, Sen. Christensen, in the Special Session you and the rest of our lawmakers made two deals: one with Nebraskans (LB1), and one with TransCanada (LB4). TransCanada’s deal fell through when their permit was denied. Now, Sens. Christensen and Smith, among others, want to bow out of their deal with Nebraskans and instead stand with a foreign pipeline company, while telling Nebraskans we have to foot the $2 million bill to study their pipeline under the DEQ process.
Unicameral Natural Resource Committee members:The vote by a majority of the Natural Resources Committee to advance LB 1161 disregarded the Nebraska Constitution, the rights of Nebraska landowners and the wishes of all the Nebraska citizens who testified at the committee hearing,” said Ken Winston, Nebraska Sierra Club spokesperson. “The committee had been given a legal memo that raises serious questions about the constitutionality of LB 1161, but disregarded that opinion. They had heard testimony from landowners that the rights of Nebraska landowners needed to be strengthened against eminent domain threats by private pipeline companies, yet they advanced this bill that weakens landowner rights. And every Nebraska citizen who testified on LB 1161 opposed it, yet the majority of the Committee ignored their testimony.
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