LB152, an eminent domain bill to protect landowners, introduced in Nebraska Unicameral

Gotschall

From Ben Gotschall's post at Bold Nebraska:

On January 11, 2013, District 34 Senator Annette Dubas introduced LB152, which deals with eminent domain in our state.  The simple 2-page bill, though never specifically mentioning pipelines, could have huge implications when it comes to the Keystone XL pipeline and TransCanada.  The hearing for LB 152 will be held on Wednesday, January 30th, at 1:30 PM in Room 113 at the State Capitol.

Nebraska State Sen. Annette Dubas (foreground) and others follow
testimony at a State Department public hearing on the proposed
Keystone XL pipeline, in Atkinson, Neb., on 9/29/2011.
(Photo: Nati Harnik / AP)

The common-sense bill would require:

1. Complete and accurate information regarding the purpose of the condemnation to be given to landowners.  This would prevent TransCanada from telling landowners their tarsands oil pipeline would be carrying conventional crude, a misleading statement that has been challenged in a Texas court.
2. All permits to be in place, including a present plan and public purpose.  This would prevent TransCanada from repeating their past bad actions when they threatened Nebraska landowners with eminent domain condemnation, telling landowners to sign an easement or TransCanada would take their land for nothing, before they had a Presidential permit to build their pipeline.
3. Entitlement to injuctive relief, attorney's fees, and damages for landowners abused by violation of #2 above.  This gives the law "teeth" and enacts punishment on bad actors, which is a needed element when dealing with companies like TransCanada, who has a history of using their power and money to strong-arm landowners. 

Unlike last year's LB1161 proposed by TransCanada-loving Sen. Jim Smith (and which is being challenged in court by a citizen lawsuit), LB152 would not allow TransCanada to have immediate eminent domain powers upon approval of a pipeline route through Nebraska...

Read more at Bold Nebraska, including contact info for Judiciary Committee senators.