Nebraska Easement Action Team, Inc. (“N.E.A.T.”) is a non-profit education and legal defense fund established by Nebraskans for the benefit of landowners and citizens affected by the TransCanada KXL pipeline. We must ensure landowner rights and interests are protected no matter what the end result is with the pipeline. We believe the terms and fine print in all Easements must aggressively be negotiated for and in favor of landowners.
Unfortunately, no one in Nebraska or Federal Government in over five years - not the US State Department, our Governor, Attorney General, NDEQ, or Legislature - evaluated the Easement Agreement which is the document TransCanada proposes to use with landowners as the controlling terms for how your land will be affected (forever since that is how long the contract term states). You cannot evaluate the full risks and effects of this taking of your land without evaluating the contractual provisions of corresponding rights and responsibilities as found in the Easement Agreement. Nebraska landowners are left to fend for themselves and that is why NEAT was created.
Unfortunately, no one in Nebraska or Federal Government in over five years - not the US State Department, our Governor, Attorney General, NDEQ, or Legislature - evaluated the Easement Agreement which is the document TransCanada proposes to use with landowners as the controlling terms for how your land will be affected (forever since that is how long the contract term states). You cannot evaluate the full risks and effects of this taking of your land without evaluating the contractual provisions of corresponding rights and responsibilities as found in the Easement Agreement. Nebraska landowners are left to fend for themselves and that is why NEAT was created.
ATTENTION
2/12/2013-Prices Continue to Go Up
TransCanada's offers continue to go up despite them threatening landowners the prices would go down in 30 days. As we have seen time and time again TransCanada's threats are empty. Signing bonuses are over $80,000 now. We continue to urge landowners to tell TransCanada to simply contact the NEAT legal team rather than spend countless hours listening to TransCanada's land agents threats.
11/20/2013 - TransCanada Offering Large Signing Bonuses and Empty Threats
TransCanada is now offering signing bonuses up to $35,000. They are also telling landowners unless they sign in 30 days offers will go down by 20%. In the last 5 years that landowners have dealt with TransCanada, their story, money and terms have changed. Offers get higher not lower. Terms get better, not worse. It is only because of the work of groups like NEAT and landowners who refuse to play by TransCanada's flawed rules. We are confident, if Pres. Obama approves the pipeline, NEAT landowners will have the best terms, price and protection. There is no proof to believe otherwise and no reason to sign with TransCanada.
1/22/2013 - Gov. Heineman Approves Route (read approval letter here) and Landowners File Lawsuit
With the Governor approving TransCanada’s preferred KXL route under the powers granted him via LB1161, the Governor gave TransCanada the immediate ability to commence exercising eminent domain on your land. This does not mean they can instantly attempt to take your land but they may start to call and write you to try to negotiate with you. For those of you in NEAT, if you get a call simply tell them you are a part of N.E.A.T. and to contact Domina Law Group. TransCanada has recently said they will not move forward with exercising eminent domain or trying to procure property until all regulatory approvals are granted. If this is true it means you should not have to worry about dealing with TransCanada if/until they receive a Presidential Permit. We believe this decision may occur between in the October – December 2013 area.
Three brave landowners have challenged the ability and validity of the Eminent Domain powers the Governor’s action
vested in TransCanada. This Lawsuit, if successful, would mean if TransCanada acquires any land by Eminent Domain
before having the route approved by the Public Service Commission of Nebraska then those takings would be null and
void and illegal.
Remember there is no such thing as a “Nebraska Permit” and none was or could be given to TransCanada. The route can be declared null and void if the lawsuit is successful. Just one more reason not to sign anything with TransCanada.
Three brave landowners have challenged the ability and validity of the Eminent Domain powers the Governor’s action
vested in TransCanada. This Lawsuit, if successful, would mean if TransCanada acquires any land by Eminent Domain
before having the route approved by the Public Service Commission of Nebraska then those takings would be null and
void and illegal.
Remember there is no such thing as a “Nebraska Permit” and none was or could be given to TransCanada. The route can be declared null and void if the lawsuit is successful. Just one more reason not to sign anything with TransCanada.
Survey and Easement TalksTransCanada may begin attempts to talk to you about the "Easement Agreement" they want from you that transfers some of your property rights over to them forever for only a one-time payment. There is no reason to discuss this until a Presidential Permit is granted, if granted and the LB1161 Citizen Lawsuit is decided.
Whether you are against the pipeline completely or even if you are pro-pipeline, as landowners your rights need to be protected. As the saying goes, “Don’t give the farm away.” This statement has never been more true. While N.E.A.T. cannot predict whether TransCanada's Keystone XL pipeline will be built or not, we can say with certainty that a more informed landowner united with others in N.E.A.T. has a better chance to get a fair deal than the one who thinks they can negotiate against TransCanada alone. You can benefit from N.E.A.T. even if you don't ever want to sign an Easement. Learn more today! We have secured David Domina and Brian Jorde of the Domina Law Group to represent the interests of landowners and citizens who become Supporters of N.E.A.T. Email Info@NebraskaEasement.org to connect directly to N.E.A.T. 24/7 or call N.E.A.T. at 402-705-8679. You can also contact Brian Jorde 402-493-4100, with any questions. Ready to Help? If you want to join together with other concerned Nebraskans facing similar challenges who are already supporters of N.E.A.T. please fill out our Support Commitment Form. Becoming a N.E.A.T. Supporter does not mean you are giving up your right to force TransCanada to go through the Condemnation process in court. Being a Supporter does mean you want your rights and your land protected as much as possible. Landowners in the proposed route, landowners not in the proposed route and citizens are all welcome to support N.E.A.T. We are suggesting one-time donation (which is tax-deductible) of $100 for non-affected landowner supporters. State Dept. Process
Nebraska is the only state that got one last shot at testifying in hopes of changing some of the major flaws in the State Department's environmental review and some of our concerns are now in the revised report. Bold Nebraska lists these concerns in a blog, click here to read areas we got changed in the EIS. Click here to read a blog about the water risks in the EIS including family wells. The public has 30 days, until March 7th 2014, to comment on the EIS, click here to submit a comment. Sec. Kerry is also taking 90 days to gather information from other federal agencies on the “National Interest” Determination. After those 90 days (ending April 27) Sec. Kerry can take as much time he wants before he submits a recommendation to Pres. Obama. There is also an active lawsuit on the route process in Nebraska which could delay the final decision. |
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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.
