Nebraska Easement Action Team, Inc. (“N.E.A.T.”) is a non-profit 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 in favor of landowners.
Unfortunately, no one in NE Government in over five years – not your Governor, Attorney General, NDEQ, or
Legislature evaluated the Easement Agreement – the document TransCanada proposes to use with landowners as
the controlling terms for how your land will be affected. You cannot evaluate the full risks and effects of this taking
without evaluating the contractual provisions of corresponding rights and responsibilities as found in the Easement
Agreement. NE landowners are left to fend for themselves and that is why NEAT was created.
Unfortunately, no one in NE Government in over five years – not your Governor, Attorney General, NDEQ, or
Legislature evaluated the Easement Agreement – the document TransCanada proposes to use with landowners as
the controlling terms for how your land will be affected. You cannot evaluate the full risks and effects of this taking
without evaluating the contractual provisions of corresponding rights and responsibilities as found in the Easement
Agreement. NE landowners are left to fend for themselves and that is why NEAT was created.
ATTENTION
1/22/2013 - Gov. Heineman Says NE KXL Route Good (read approval letter here)
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 September – November 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.
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.
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TransCanada 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. Meetings N.E.A.T has had over 20 meetings and talked to thousands of concerned landowners, their neighbors, and community leaders. State Dept. Meeting Nebraska is the only state that gets one last shot at testifying in hopes of changing some of the major flaws in the State Department's environmental review. The Department of State hosted a public meeting on the proposed Keystone XL project on April 18, 2013, at the Heartland Events Center, 700 East Stolley Park Rd., Grand Island, NE. The State Department is reviewing these and other comments and a “National Interest” Determination will have to conclude prior to the President issuing his decision on the project. |
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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.
