David Domina appeared in a Nebraska court last Friday to make his closing arguments in a case that challenges the constitutionality of a decision that allowed Nebraska Governor Dave Heineman and, consequently, TransCanada Corp. to invoke eminent domain on Nebraska landowners for the Keystone XL pipeline project.
Mr. Domina appeared before Judge Stephanie Stacy and said, "The legislature is not empowered to delegate power to a private company at the expense of its residents."
Mr. Domina and Domina Law Group are representing three landowners, although the plaintiffs represent many other landowners that this legislation affected.
Because this pipeline project crosses a national border (starting in Alberta, Canada and traveling to the Gulf Coast in Texas), it is subject to review by the U.S. State Department. Until the President approves the project, TransCanada must wait.
Last Friday's hearing before Judge Stacy in a Lincoln courtroom lasted about 35 minutes. Stacy said that she would issue a written ruling on the case but did not state when that ruling could be expected.
Domina Law Group's Brian Jorde commented that his clients' primary concerns revolve around the potential environmental effects of this pipeline and the fact that a foreign company is invoking eminent domain to take their land.
The legislation gives TransCanada the authority to bypass review by the Public Service Commission if Gov. Heineman approves of the route. At that point, TransCanada can invoke eminent domain and offer Nebraska landowners a price for their land. Watch the closing arguments below:
Read the following articles about the Trial, Closing Arguments and Next Steps:
- (Video) 1011 News: Plaintiffs Will Wait on Decision (9/29/13)
- Omaha World Herald: Judge to hear arguments Friday in Keystone XL pipeline suit (9/25/13)
- Lincoln Journal Star: Pipeline trial will revisit state's role in Keystone XL review (9/26/13)
- KLKN/Channel 8 Lincoln: Proposed Keystone XL Pipeline opponents plead case (9/27/13)
- Fremont Tribune: Pipeline trial will revisit state's role in XL review (9/27/13)
- Fremont Tribune: Judge hears challenge to pipeline siting law (9/27/13)
- KPTM/Fox42: Nebraska Judge Will Rule Later On Keystone XL Pipeline Lawsuit (9/27/13)
- Sioux Falls Business Journal: Nebraska landowners challenge pipeline law (9/28/13)
- Beatrice Daily Sun: Trial on oil pipeline sites held in Nebraska (9/29/13)
- NET / KVNO: Judge's decision may delay Keystone XL pipeline (9/30/13)
- North Platte Bulletin: Keystone XL court case could delay project (10/1/13)
- WNAX Radio (Yankton): Landowners Atty Presents Case In NE Court (10/1/13)
- Mint News Press: NE Law Granting TC Eminent Domain As Unconstitutional (10/2/13)
- NE Radio Network: Lawsuit: Governor should not have taken land for Keystone pipeline (10/2/13)