Nebraska Easement Action Team
FREQUENTLY ASKED QUESTIONS
Question 1: What is N.E.A.T.?
N.E.A.T. is a Nebraska Nonprofit Corporation. It was organized in May 2012 for the singular
purpose of providing education and support to Nebraskans who confront demands by pipeline
companies, or others, for easements, other rights, or interests in title to their land through
condemnation. N.E.A.T. expects to receive status as a nonprofit corporation under § 501C(3) of
the Internal Revenue Code.
Question 2: Who Can Become a Supporter of N.E.A.T.?
N.E.A.T. will have the most impact for landowners and tenants who own or farm land the pipeline will cross and we urge you to become a N.E.A.T. Supporter and tell your neighbors to as well. As a tenant you also have property rights and interests in the land you rent - these rights are compensable if and when affected.
If you have signed an agreement to let TransCanada on your land to survey you can still join N.E.A.T.
If you have voluntarily signed an Easement already N.E.A.T. may be able to assist you in rescinding that easement or getting more money for it. Call or email today to learn more about this.
If you are someone who thinks "I will never voluntarily sign anything with TransCanada" - we respect your opinion and option to excercise your Constitutional rights and force them to take you to Court and want you to know you can still join and become a Supporter of N.E.A.T. and benefit from our efforts! To learn more about Condemnation options Contact Us.
If you believe in what N.E.A.T. stands for and want to support N.E.A.T. but don’t have any land affected you can still join and support our efforts.
Please click the link here to join N.E.A.T.'s efforts by completing and submitting the Support Commitment Form.
Question 3: What does N.E.A.T. offer?
N.E.A.T. offers education and think tank services of a coalition of lawyers and concerned
citizens.
It offers common goals for common purposes enabling individual Nebraskans to better
understand condemnation and what they really give up when they are asked to cooperate with a
condemning authority, especially a pipeline company. It offers a better understanding of their
rights and risks. N.E.A.T. also offers the collective support of its members and the thoughts of
its lawyers toward development of standardized terms to give landowners a starting point for
negotiations of price with condemning authorities. If price is the first thing negotiated, the all-
important “fine print” falls to the condemning authority, and the landowner is left out. When
the condemning authority proposes to transport a toxic substance across the farm owner’s land,
the fine print can be far more important than the price.
N.E.A.T. also offers the power of acting together on basic terms and conditions, but not on the
price an individual owner will be paid. Only through such collective effort can Nebraska
landowners expect to have a chance to negotiate reasonable terms.
Question 4: Why N.E.A.T.?
In 2010-11, when a Canadian pipeline company first tried to acquire easements for a pipeline it
did not have authority to build across Nebraska, a group of landowners tried to band together to
negotiate an easement. Their approach did not work. They fractured over those “for” and those
“against” the pipeline, those concerned with price and those less concerned with price, those
concerned with specific terms but not having a broad view, and those concerned with other
terms, but also without a broad view. The result was a horrible price, a worse easement form,
and no way out of it, even if the pipeline was not build within a specified time.
N.E.A.T. has engaged lawyers committed to, and with experience in, litigation across the United
States. Its legal resources range from the study of condemnation proceedings in New York to
California, and across the country north to south. Public and private easements and
condemnation proceedings comprise the databank of resources drawn on by N.E.A.T.’s lawyers.
And, N.E.A.T.’s lawyers are extensively experienced in Nebraska’s courts. N.E.A.T.’s lead
lawyer, Dave Domina, may have more appearances in the state’s appellate courts than any other
private practitioner in the state.
Question 5: N.E.A.T. wants to develop a “Nebraska Easement.” What is that?
First, N.E.A.T. is aware you are not the only person reading this website. So does TransCanada.
N.E.A.T. believes—and TransCanada knows—Nebraskans need to band together—to organize--
because there is always strength in organization.
Imagine trying to farm or ranch without organizing your work! In a legal matter against a giant,
like TransCanada, people must be organized in the same way.
Organized, N.E.A.T. believes a broad, highly protective “Nebraska Easement,” made available for
the benefit of N.E.A.T.’s supporters only, can command enough attention and respect to cause
TransCanada to negotiate differently, more fairly, at significantly higher price levels, and
perhaps even on a timely basis instead of prematurely by months and months and months, as is
the case now.
The Nebraska Easement is the baseline for decision making for N.E.A.T. supporters.
TransCanada will not establish the baseline. In this alone, there is great value.
Question 6: What is N.E.A.T.’s position on the TransCanada Keystone XL
Pipeline?
N.E.A.T. does not take a position as an organization on whether the TransCanada Keystone
Pipeline should be built. Supporting or opposing the pipeline is not N.E.A.T.’s job.
While all N.E.A.T.’s Nebraska Board of Directors oppose the pipeline, N.E.A.T. is realistic.
Property owners need to know and understand their rights and get organized in case the
pipeline goes in. There will not be time to do so later. The time is now.
Question 7: TransCanada says it wants to “survey,” or “just take a look,” and will
give us $500. Should we sign?
No. See our answer to Question 7. In addition, ask yourself this: why does TransCanada need
to be on my land to “survey” before the President of the United States issues a permit allowing
them to build the pipeline? Why does TransCanada need to be on my land when it has flown it,
seen it from a satellite, examined it from topographical maps, soils maps, and every other kind
of map, and can perhaps see quite a bit from the road?
Could TransCanada simply know that if you say “yes” to the first inquiry, it will be easier to get
you to say “yes” a second and third times?
Finally, there is more to it than just taking the money and letting them look. See our Answer to
Question 7.
Question 8: Should I sell my Social Security number?
If you accept any money from TransCanada for the right to "survey" your ground that is exactly
what you are doing. When the government exercises the power of eminent domain, it does not
request permission to enter onto a private owner’s land to do advance surveying. This is the
general rule.
Yes, sometimes advance surveying might be necessary, but who ever heard of the government
entering onto private property for advance surveys to determine which route to take for a public
works project?
It does not happen. But TransCanada is doing it. Why let them on your land at all? You don't
have to!
TransCanada people are calling on Nebraskans, offering $500.00, or some relatively modest
sum, large enough to be enticing but small enough to be insignificant, in order to “just take a
look” at your property.
If it sounds good to you and you sign up, you fill out TransCanada’s form. You are told “we will
need your tax information because, you know the IRS, we will have to send you a form 1099.”
Of course, TransCanada is right. If it pays you money, it must report the payment to the IRS.
To reach that point, TransCanada must have your social security number, or your federal
employer ID or tax number, or both.
Now, what can be done with a social security number? Consider this:
Credit reports;
Indexes to federal public records;
Access to utilities information;
Information from credit card companies about your buying habits;
Data about the organizations you belong to, the charities you contribute to, and the
things you believe in;
Your subscriptions;
Your internet use, including websites most visited;
Detailed information about your farming program, or other business activities.
Think of your social security number as the key to your front door. If you do not lock the house
at night, because you feel safe where you live, congratulations. But your electronic personality
does not live in such a secure environment.
Has it occurred to you that when you take TransCanada’s money so it can “look at your land”
one thing you are selling is your social security number? You know TransCanada does not need
to go on your land to see it. It has flown it, driven by it, looked at it from space, studied it from
aerial photos and maps, and even done environmental impact statement work about it.
Anyone who says “we just want to take a look” is not leveling with you. Be careful. You are
dealing with something you have not experienced, and people you do not know.
Question 9: If I become a N.E.A.T. supporter, what do I get?
If you join N.E.A.T. as a landowner on one of TransCanada’s proposed routes, your reward for
N.E.A.T. support is access to efforts by N.E.A.T. and its lawyers to develop the Nebraska
easement, education about the condemnation process, instruction about how the Nebraska
easement-as your basic negotiating position-can be used, and what strengths and rights you
have if you go to court or have your neighbors set the price for you.
Support of N.E.A.T. does not provide legal support for individual negotiations. N.E.A.T.’s work
is more like the work involved in building a prototype product, an instruction sheet for how to
assemble it, a set of instructions about how use it, and suggestions about where to go from that
point. This leaves you to consult a lawyer of your choice to make your decision about terms in
addition to N.E.A.T.’s terms, price, and the process of choosing to let your neighbor set the price
if TransCanada is unreasonable.
If you are not a landowner affected, but believe in N.E.A.T.’s work and want to support it
perhaps because you own land nearby or have family members or neighbors affected, or simply
care deeply about Nebraska’s land and resources, then you may become a NEAT supporter by
making the minimum support payment which N.E.A.T.’s Board establishes.
Property owners will make their support payments based upon a prorata formula. Under the
formula, the calculation is your directly affected acres, times your assessed value for the most recent year, divided by the total number of acres, times assessed value of all acres in the
proposed pipeline route(s) across Nebraska.
Question 10: How do I become a N.E.A.T. supporter?
It is as easy as completing and submitting our Support Commitment Form. This will
take you about 2 minutes to complete and can be done on this website here right now.
Question 11: Will N.E.A.T. have meetings I can attend?
Before N.E.A.T. was organized, two meetings were held, one at Neligh in Antelope County and
one at O’Neill in Holt County. The NEAT concept was not described at Neligh, but it was a week
later at O’Neill. NEAT was formed after the idea clearly found support in the room. A meeting
at Albion on May 22, 2012, allowed attendees to first hear of NEAT’s formal creation,
organization, and goals. There have been over 15 NEAT meetings since this time.
Generally, the meetings will be available only to NEAT supporters who have
registered and executed their commitment to NEAT’s efforts by completing and submitting the
Support Commitment Form.
Question 12: How much oil does the United States Produce? How much does it use?
For years, Nebraskans have heard politicians talk about the need for the United States to
become independent of foreign fuel suppliers and self-sufficient at use of its own fuel resources.
On March 1, 2012, the United States Department of Energy revealed its findings that the United
States exported more gasoline, diesel fuel, and other fuels than it imported. This occurred
during 2011 for the first time since 1949.
The US Department of Energy expects the trend of growth to continue. It noted shipments of
petroleum products out of the United States, from domestic production, occurred because the
US has become self-sufficient on oil under the current circumstances.
The stark findings by the DOE revealed American has become self-sufficient and is expected to
remain this way for several years into the future. Source: February 29, 2012 Release by US
Department of Energy.
N.E.A.T. is a Nebraska Nonprofit Corporation. It was organized in May 2012 for the singular
purpose of providing education and support to Nebraskans who confront demands by pipeline
companies, or others, for easements, other rights, or interests in title to their land through
condemnation. N.E.A.T. expects to receive status as a nonprofit corporation under § 501C(3) of
the Internal Revenue Code.
Question 2: Who Can Become a Supporter of N.E.A.T.?
N.E.A.T. will have the most impact for landowners and tenants who own or farm land the pipeline will cross and we urge you to become a N.E.A.T. Supporter and tell your neighbors to as well. As a tenant you also have property rights and interests in the land you rent - these rights are compensable if and when affected.
If you have signed an agreement to let TransCanada on your land to survey you can still join N.E.A.T.
If you have voluntarily signed an Easement already N.E.A.T. may be able to assist you in rescinding that easement or getting more money for it. Call or email today to learn more about this.
If you are someone who thinks "I will never voluntarily sign anything with TransCanada" - we respect your opinion and option to excercise your Constitutional rights and force them to take you to Court and want you to know you can still join and become a Supporter of N.E.A.T. and benefit from our efforts! To learn more about Condemnation options Contact Us.
If you believe in what N.E.A.T. stands for and want to support N.E.A.T. but don’t have any land affected you can still join and support our efforts.
Please click the link here to join N.E.A.T.'s efforts by completing and submitting the Support Commitment Form.
Question 3: What does N.E.A.T. offer?
N.E.A.T. offers education and think tank services of a coalition of lawyers and concerned
citizens.
It offers common goals for common purposes enabling individual Nebraskans to better
understand condemnation and what they really give up when they are asked to cooperate with a
condemning authority, especially a pipeline company. It offers a better understanding of their
rights and risks. N.E.A.T. also offers the collective support of its members and the thoughts of
its lawyers toward development of standardized terms to give landowners a starting point for
negotiations of price with condemning authorities. If price is the first thing negotiated, the all-
important “fine print” falls to the condemning authority, and the landowner is left out. When
the condemning authority proposes to transport a toxic substance across the farm owner’s land,
the fine print can be far more important than the price.
N.E.A.T. also offers the power of acting together on basic terms and conditions, but not on the
price an individual owner will be paid. Only through such collective effort can Nebraska
landowners expect to have a chance to negotiate reasonable terms.
Question 4: Why N.E.A.T.?
In 2010-11, when a Canadian pipeline company first tried to acquire easements for a pipeline it
did not have authority to build across Nebraska, a group of landowners tried to band together to
negotiate an easement. Their approach did not work. They fractured over those “for” and those
“against” the pipeline, those concerned with price and those less concerned with price, those
concerned with specific terms but not having a broad view, and those concerned with other
terms, but also without a broad view. The result was a horrible price, a worse easement form,
and no way out of it, even if the pipeline was not build within a specified time.
N.E.A.T. has engaged lawyers committed to, and with experience in, litigation across the United
States. Its legal resources range from the study of condemnation proceedings in New York to
California, and across the country north to south. Public and private easements and
condemnation proceedings comprise the databank of resources drawn on by N.E.A.T.’s lawyers.
And, N.E.A.T.’s lawyers are extensively experienced in Nebraska’s courts. N.E.A.T.’s lead
lawyer, Dave Domina, may have more appearances in the state’s appellate courts than any other
private practitioner in the state.
Question 5: N.E.A.T. wants to develop a “Nebraska Easement.” What is that?
First, N.E.A.T. is aware you are not the only person reading this website. So does TransCanada.
N.E.A.T. believes—and TransCanada knows—Nebraskans need to band together—to organize--
because there is always strength in organization.
Imagine trying to farm or ranch without organizing your work! In a legal matter against a giant,
like TransCanada, people must be organized in the same way.
Organized, N.E.A.T. believes a broad, highly protective “Nebraska Easement,” made available for
the benefit of N.E.A.T.’s supporters only, can command enough attention and respect to cause
TransCanada to negotiate differently, more fairly, at significantly higher price levels, and
perhaps even on a timely basis instead of prematurely by months and months and months, as is
the case now.
The Nebraska Easement is the baseline for decision making for N.E.A.T. supporters.
TransCanada will not establish the baseline. In this alone, there is great value.
Question 6: What is N.E.A.T.’s position on the TransCanada Keystone XL
Pipeline?
N.E.A.T. does not take a position as an organization on whether the TransCanada Keystone
Pipeline should be built. Supporting or opposing the pipeline is not N.E.A.T.’s job.
While all N.E.A.T.’s Nebraska Board of Directors oppose the pipeline, N.E.A.T. is realistic.
Property owners need to know and understand their rights and get organized in case the
pipeline goes in. There will not be time to do so later. The time is now.
Question 7: TransCanada says it wants to “survey,” or “just take a look,” and will
give us $500. Should we sign?
No. See our answer to Question 7. In addition, ask yourself this: why does TransCanada need
to be on my land to “survey” before the President of the United States issues a permit allowing
them to build the pipeline? Why does TransCanada need to be on my land when it has flown it,
seen it from a satellite, examined it from topographical maps, soils maps, and every other kind
of map, and can perhaps see quite a bit from the road?
Could TransCanada simply know that if you say “yes” to the first inquiry, it will be easier to get
you to say “yes” a second and third times?
Finally, there is more to it than just taking the money and letting them look. See our Answer to
Question 7.
Question 8: Should I sell my Social Security number?
If you accept any money from TransCanada for the right to "survey" your ground that is exactly
what you are doing. When the government exercises the power of eminent domain, it does not
request permission to enter onto a private owner’s land to do advance surveying. This is the
general rule.
Yes, sometimes advance surveying might be necessary, but who ever heard of the government
entering onto private property for advance surveys to determine which route to take for a public
works project?
It does not happen. But TransCanada is doing it. Why let them on your land at all? You don't
have to!
TransCanada people are calling on Nebraskans, offering $500.00, or some relatively modest
sum, large enough to be enticing but small enough to be insignificant, in order to “just take a
look” at your property.
If it sounds good to you and you sign up, you fill out TransCanada’s form. You are told “we will
need your tax information because, you know the IRS, we will have to send you a form 1099.”
Of course, TransCanada is right. If it pays you money, it must report the payment to the IRS.
To reach that point, TransCanada must have your social security number, or your federal
employer ID or tax number, or both.
Now, what can be done with a social security number? Consider this:
Credit reports;
Indexes to federal public records;
Access to utilities information;
Information from credit card companies about your buying habits;
Data about the organizations you belong to, the charities you contribute to, and the
things you believe in;
Your subscriptions;
Your internet use, including websites most visited;
Detailed information about your farming program, or other business activities.
Think of your social security number as the key to your front door. If you do not lock the house
at night, because you feel safe where you live, congratulations. But your electronic personality
does not live in such a secure environment.
Has it occurred to you that when you take TransCanada’s money so it can “look at your land”
one thing you are selling is your social security number? You know TransCanada does not need
to go on your land to see it. It has flown it, driven by it, looked at it from space, studied it from
aerial photos and maps, and even done environmental impact statement work about it.
Anyone who says “we just want to take a look” is not leveling with you. Be careful. You are
dealing with something you have not experienced, and people you do not know.
Question 9: If I become a N.E.A.T. supporter, what do I get?
If you join N.E.A.T. as a landowner on one of TransCanada’s proposed routes, your reward for
N.E.A.T. support is access to efforts by N.E.A.T. and its lawyers to develop the Nebraska
easement, education about the condemnation process, instruction about how the Nebraska
easement-as your basic negotiating position-can be used, and what strengths and rights you
have if you go to court or have your neighbors set the price for you.
Support of N.E.A.T. does not provide legal support for individual negotiations. N.E.A.T.’s work
is more like the work involved in building a prototype product, an instruction sheet for how to
assemble it, a set of instructions about how use it, and suggestions about where to go from that
point. This leaves you to consult a lawyer of your choice to make your decision about terms in
addition to N.E.A.T.’s terms, price, and the process of choosing to let your neighbor set the price
if TransCanada is unreasonable.
If you are not a landowner affected, but believe in N.E.A.T.’s work and want to support it
perhaps because you own land nearby or have family members or neighbors affected, or simply
care deeply about Nebraska’s land and resources, then you may become a NEAT supporter by
making the minimum support payment which N.E.A.T.’s Board establishes.
Property owners will make their support payments based upon a prorata formula. Under the
formula, the calculation is your directly affected acres, times your assessed value for the most recent year, divided by the total number of acres, times assessed value of all acres in the
proposed pipeline route(s) across Nebraska.
Question 10: How do I become a N.E.A.T. supporter?
It is as easy as completing and submitting our Support Commitment Form. This will
take you about 2 minutes to complete and can be done on this website here right now.
Question 11: Will N.E.A.T. have meetings I can attend?
Before N.E.A.T. was organized, two meetings were held, one at Neligh in Antelope County and
one at O’Neill in Holt County. The NEAT concept was not described at Neligh, but it was a week
later at O’Neill. NEAT was formed after the idea clearly found support in the room. A meeting
at Albion on May 22, 2012, allowed attendees to first hear of NEAT’s formal creation,
organization, and goals. There have been over 15 NEAT meetings since this time.
Generally, the meetings will be available only to NEAT supporters who have
registered and executed their commitment to NEAT’s efforts by completing and submitting the
Support Commitment Form.
Question 12: How much oil does the United States Produce? How much does it use?
For years, Nebraskans have heard politicians talk about the need for the United States to
become independent of foreign fuel suppliers and self-sufficient at use of its own fuel resources.
On March 1, 2012, the United States Department of Energy revealed its findings that the United
States exported more gasoline, diesel fuel, and other fuels than it imported. This occurred
during 2011 for the first time since 1949.
The US Department of Energy expects the trend of growth to continue. It noted shipments of
petroleum products out of the United States, from domestic production, occurred because the
US has become self-sufficient on oil under the current circumstances.
The stark findings by the DOE revealed American has become self-sufficient and is expected to
remain this way for several years into the future. Source: February 29, 2012 Release by US
Department of Energy.
Supporter Commitment Form
N.E.A.T. is distributing a Support Commitment Form and asking landowners who may be on any portion of the various proposed pipeline routes to join your neighbors and ban together to create the most protections and best terms possible for your land and your interests. Even if you want to force TransCanada to establish the easement value in your local courthouse, as a N.E.A.T. supporter you can learn more about that process as well.
The Support Commitment (click here to see form) is designed to determine how many potentially affected landowners are interested in working together to develop a Nebraska Easement for landowner that is a wish-list of all the terms and conditions that YOU would want to protect yourself and your neighbors from TransCanada.
Note: TransCanada reads this website and information here is publicly available. However, any emails to N.E.A.T. through our Contact Us page or forms are confidential and will not be shared with anyone other than N.E.A.T. and its legal team.
The Support Commitment (click here to see form) is designed to determine how many potentially affected landowners are interested in working together to develop a Nebraska Easement for landowner that is a wish-list of all the terms and conditions that YOU would want to protect yourself and your neighbors from TransCanada.
Note: TransCanada reads this website and information here is publicly available. However, any emails to N.E.A.T. through our Contact Us page or forms are confidential and will not be shared with anyone other than N.E.A.T. and its legal team.
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NEAT Address: 208 S. Burlington Ave. Ste 103, Box 326, Hastings, NE 68901 / NEAT Phone: 402-705-8679
The information on this website is general and informational in nature. It may not be relied upon by the reader for case-specific decisions. Accordingly, this information is not legal advice passed to a client. © 2012 Nebraska Easement Action Team, Inc. All Rights Reserved.
