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North Dakota holdout landowner refusing to sell rights for Sandpiper oil pipeline

Posted by $ nickursis 8 years, 9 months ago to Government
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So, aside from the fact that these people have an environmental agenda, which is ok in my view, I wonder how does the government of a state get the right to take private property just so they can give it to a private company? A couple other articles suggest this company is an LLC in Delaware that just happened to get permission to function in SD as an public entity, entitling it to use a law made for use on public projects (such as water, electricity etc). It seems that they should not have the right to take it from one to give to another for a purely business purpose. Am I wrong here?
SOURCE URL: http://www.startribune.com/north-dakota-holdout-landowner-refusing-to-sell-rights-for-sandpiper-oil-pipeline/305105721/


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    Posted by Zenphamy 8 years, 9 months ago
    I don't think the land owners need any reason, good or bad, to oppose any use of their land that they don't approve. The right to own private property is essential to freedom and liberty and the individual rights of man.
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    • Posted by XenokRoy 8 years, 8 months ago
      I could not agree with you more Zenphamy but its not how our government views it.

      There are cases from the western Washington case where the government wanted property to build data centers and the farmer that owned would not sell. They changed the zoning codes so that it could only be wilderness land and then after a couple of years force the sale at the wilderness land prices (about 100 an ache verses the 10,000 or so it was worth before.) which hit the supreme court and the supreme court (state not federal) ruled that the state had paid for the land and thereby meet the requirements for imminent domain. Another case hit the supreme court in which the government won imminent domain and the farmer in this case stopped appeals as there was little hope of getting it overturned. He had something in the thousands of aches, thought I cant recall the exact amount.

      Property taxes, and the ability to confiscate your land if you do not pay makes the land belong to a state and you paying a lease on land you have all ready purchased.

      There are so many ways in which we no longer have property rights its frighting and it is left up to the person to prove that the value assessed by government to your property for them to buy it is less than it should be for fair market value most of the time.
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      • Posted by Zenphamy 8 years, 8 months ago
        I think it points not only to the severe loss of respect for private property, but also to the many, many rules imposed on courts by the ABA that restricts what a judge or jury may consider in cases. Somehow, we need to get some common sense back into our court systems.
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    • Posted by ewv 8 years, 9 months ago
      We know that. They don't, and argue for an anti-property rights environmentalism instead. Property rights must be defended in principle, but this is worse than having to defend the right of free speech for pornographers as the "least attractive practitioners".-- because the misanthropic nihilistic nature-worshiping viros are worse than pornographers. That is why it is important to look at the whole philosophical and political context and not dismiss it as: "an environmental agenda" is irrelevant, let alone "is ok". It isn't. That is the agenda that is leading the charge today against property rights as well as the right to civilization. Nor is saying 'they have a right to do what they want on their own land" enough in response to an article like that.
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      • Posted by $ 8 years, 9 months ago
        ewv, I can see your point, but setting the base reason aside, the fact the company somehow obtained the rights to use eminent domain, which is a govt only reserved right, is disturbing. If that is allowed to continue, then anyone can make a business in Delaware, go to the state where something they want and can't get, and take it with such tools. I bet the money trail in all this was deep and thick. Lots of officials in North Dakota are richer tonight. This is looting on a grand scale.
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        • Posted by ewv 8 years, 8 months ago
          The pipeline project is a major productive economic undertaking, not "looting on a grand scale" based on someone who happened to incorporate in Delaware and paying off officials in North Dakota. It has been fought, as is well known, because the viros are trying to shut down energy production everywhere they can in their attack on civilization as such. The company didn't "somehow" obtain the authority to use eminent domain (which is a government authority, not a "right"), it has been an established use for pipeline easements for a long time. This isn't a recently discovered abrogation of property rights, and property rights are not what the viros are fighting for. They exploit property rights and the controversy over Kelo to further their own anti-property rights agenda.

          We don't "set the base reason aside"; the context cannot be dropped. Focusing on property rights of viros while ignoring what they are doing is like the "libertarians" who, missing the entire philosophical point, cynically savaged and sneered at Ayn Rand for praising the achievement of the Apollo flight to the moon and denouncing the "private" human trash hippies at Woodstock for what they were.
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          • Posted by $ 8 years, 8 months ago
            I must respectfully disagree on the point of tying someones rights to their political view. I still would not care if the dude wanted to let his property become a huge wetland viewing park or whatever. I do not believe that eminent domain is valid in this case. I do not see that a private company can use it, nor do I see anything in what I have looked at, that says the state ever undertook condemnation proceedings, the Company has done all the filings. a "Major productive undertaking" does not meet the "immediate public needs" test for condemning someones property. I would also say that we would need to be able to do some data gathering to see just how many pipelines have been taking peoples property over the years if it is as indicated. Unless it is a public water line, I do not see a case where any oil or gas company would qualify for eminent domain. But that is just my point of view. How would this fit if the EPA wanted their land to be set aside a wildlands or something (which they have done) and told them they could not farm it? That could still be said to "meet a public good". Eminent Domain is looting in my book unless for a versy specific set of reasons (like a power line that cannot go any other way, a telephone cable or a water line) and even then, I would say they would have a tough time convincing me they cannot change their route. I do not agree on a major productive undertaking taking away my right to my property.
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            • Posted by Zenphamy 8 years, 8 months ago
              The EPA's already doing what you 'what if' in your comment.
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              • Posted by ewv 8 years, 8 months ago
                Eminent domain for parks and refuges has been used extensively to private property, especially by the National Park Service and US Fish and Wildlife. EPA imposes regulatory prohibitions on land use without paying for it -- they are "regulatory takings", not eminent domain. Likewise for the Endangered Species Act under US Fish and Wildlife Service. Wilderness is imposed on Federal lands already under control of the Federal government, preventing natural resource extraction on land that was supposed to be settled and used, not kept under government control forever, let alone locked up.
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                • Posted by khalling 8 years, 8 months ago
                  The formation of Central Park
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                  • Posted by ewv 8 years, 8 months ago
                    https://en.wikipedia.org/wiki/Central...

                    "Before the construction of the park could start, the area had to be cleared of its inhabitants. Rossi states that part of the impetus to schemes such as Central Park and others was to remove shanty towns and their denizens, who consisted of free African Americans and English/Irish residents, most of whom were poor, but some of whom were middle-class. Most lived in small villages, such as Harsenville, the Piggery District, or Seneca Village; or in the school and convent at Mount St. Vincent's Academy. Approximately 1,600 residents were evicted under the rule of eminent domain during 1857. Seneca Village and parts of the other communities were razed to make room for the park."

                    Then later the corruption of Robert Moses: The Power Broker: Robert Moses and the Fall of New York http://www.amazon.com/Power-Broker-Ro...
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                  • Posted by $ 8 years, 8 months ago
                    But there may have been some subjective argument for Central Park, in that it was there to provide for anyone who could get to it, a specific benefit. When they sell it to some corporation, or sell advertising, then it would slide down the slope further.
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                    • Posted by ewv 8 years, 8 months ago
                      The original condemnations were constitutional but clearly immoral. The eminent domain foothold has been progressively expanded with ever broadening criteria for what they can take by arbitrarily expanding the meaning of "public use". There was a big debate about this after the Kelo decision. That is what happens with a contradiction embedded in a constitution.
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                • Posted by $ 8 years, 8 months ago
                  Yes, but that is just another aspect of "eminent domain". While the legal system has been bought, manipulated and skewed to favor those with the juice, it has now become the bulwark against which all of these land grabs occur. I do agree that the whole EPA/resource/"wild-lands" thing has gotten to far off the road, it still all comes as window dressing over taking what is not theirs for their own, or others who have bought the privileged, use. This whole discussion revolves around :Does the government have the right to take your land for their own purposes? I say no, but the legal system has morphed to yes.
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                  • Posted by ewv 8 years, 8 months ago
                    The ideology of nature worship and collectivism is not "window dressing". It drives the anti-private property agenda.

                    Regulatory takings are not an aspect of eminent domain. Eminent domain specifically requires paying for what they take; regulatory takings take control leaving you with the paper deed and the tax bill. Both are implementations of the anti-private property rights philosophies.
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                    • Posted by $ 8 years, 8 months ago
                      Then what would be the legal justification for a Regulatory Taking, if not based on th eminent domain legal framework? It seems it all comes back to the govt believing it has the right to take whatever it wants for whatever needs it perceives. The payment of eminent domain is never seemingly based on market value, if I have a Lamborghini for 100K, but the EPA says it pollutes too much so I cannot drive it, is that not the same? In that case I get no compensation for the lost value. In the land thing, it is left up to a judge who may or may not be honest, and who may or may not be paid by the company. I trust no one in judicial or political garb.
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                      • Posted by ewv 8 years, 8 months ago
                        The basis of regulatory takings is the 'police powers' of government to regulate, conveniently imposed to bypass the constitutional requirement to pay for what they take without admitting they are taking it (you get to keep the deed and the tax bill). There have been attempts for years in Congress and state legislatures to require compensation for regulatory takings as de facto eminent domain beyond certain limits of regulatory burden, but the statists have resisted it. There have been only a few Supreme Court cases (thanks mostly to our friends at the Pacific Legal Foundation) reining in certain kinds of regulatory takings.
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                        • Posted by $ 8 years, 8 months ago
                          Just another legal cesspool of convenience and power that absolutely ignores the rights of the individual. This is what Trump is tapping into, the anger and frustration of a system tht is built to feed itself. He is a good alarm bell, but I really wouldn't think he would be able to handle it, although at this point, I would like Ben Carson as the brains and Trump as the conscience, as he is the only one wanting to scream and shout enough to get attention.
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            • Posted by ewv 8 years, 8 months ago
              I did not tie his rights to his political views.

              What you think of the criteria for eminent domain doesn't matter in the face of a government that has already established in its own precedents the power it has assumed.
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            • Posted by $ 8 years, 8 months ago
              I did look up some of the legalese for eminent domain, and the long ugly trail of rulings show that this has been gong on for a long time, with the definition getting broader and broader with every goofy decision. I do not agree with their rulings, as it all says absolute power to the state and none to the individual. But then our supposedly "non political" Supreme Joke has made corporations equal to individuals for donations purposes, irregardless of the fact the money base is totally uneven. So, it may be that we lost all our private property rights and just were never told. Basically you have the right to have your property, as long as no one else wants it. The Gulch will need to relocate to Mars.
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      • Posted by Zenphamy 8 years, 9 months ago
        In my thinking, the reason doesn't matter. It's ownership of private property and that's what the court case will be about. The landowners may well gain a lot of publicity for their belief systems, but every win in court for ownership of private property is a win in the war of maintaining individual rights.

        Rights are in no way conditioned on beliefs or actions (except tort). They all must be enforced in each and every case, or they're not rights any longer. It's the right that's being defended, not the people.
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        • Posted by ewv 8 years, 9 months ago
          The article, the viro movement and this activism are about much more than a court case (which they will mostly likely lose -- eminent domain for utility and pipeline easements has been legally established for a very long time). They are presenting themselves as "idealists" -- and most likely soon to be "martyrs for the idealist cause"-- while, along with the article, ignoring the hypocrisy and the morally destructive goals, including the destruction of property rights with "wetlands" regulations they are using and more.
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          • Posted by Zenphamy 8 years, 8 months ago
            I guess if one accepts that they're working in a corrupt system and can never escape it, one can make the argument you seem to make, but to do that, you're faced with denying principles necessary to freedom and liberty as well as an Objectivist life.
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            • Posted by ewv 8 years, 8 months ago
              It's not a matter of deliberately denying them their own property rights, government has already done that, but rather explaining what they are doing and why they deserve no personal sympathy or help.
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  • Posted by ewv 8 years, 9 months ago
    The viros don't oppose eminent domain, they favor it for collectivism and for preservationism. Some of them supported the Kelo decision and others opposed it only because they are opposed to economic development. They are the anti-industrial revolution trying to use government to prevent energy production and destroy private property rights.

    In this case the viro activists have been trying to prohibit the pipeline through "wetlands", which government designations are themselves destroying private property rights. They claim to be for "safety" and fear "leaks" while ignoring that shipment by railroad as the alternative is less safe. But the viros have been trying to ban that too. In the name of "safety" from any industrial risk they want to shut down civilization through de-development and restrictions to "renewable energy". This is the politics of the eco "sustainability" sacrifice people to nature ideology.

    The Botsfords in particular say they are opposing “trying to suck the last oil out of the Earth” and are only opposing the eminent domain because they don't like the particular planned use of the land. They are also voluntarily in a "Federal conservation program", most likely also meaning that they are getting government money for it.

    No sympathy for these clowns, not without dropping the political and philosophical context. It's the chickens coming home to roost. "Poetic justice" by an unjust means.
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    • Posted by $ 8 years, 9 months ago
      ewv, I see the enviro angle, but I did some reading in a couple other articles, and they basically seem to want to have their 160 acres and leave it as it is. I can't separate the abuse of government power and selling of authority, just because I disagree with their politics. Just because they are opposed to oil drilling, is no reason to say that they don't matter. They should be able to NOT have a pipeline through their land, simply because this is not a public project, it is private. To me this is a case of private property rights vs govt and business. The individual is losing to both of those power blocks, as was described in AS.
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      • Posted by ewv 8 years, 8 months ago
        This case is not about "selling of authority". The power of eminent domain for pipeline rights of way is well established in law. The reason for opposing eminent domain in principle, regardless of current legality, is because it is anti-private property rights; it is not about whether or not the land is taken for a "public project", which is a collectivist premise.

        The viro ideology is not an "angle"; it is a fundamental assault on civilization, including all of our rights, and is central to this story because Botsford has made it central, both in his own mind and in a public display.

        Botsford doesn't just want his land left as it is. He is a viro preservationist who hates the industry for drilling for oil anywhere. He is renting some of his land for farming and the rest is in a government "conservation" program. The pipeline is an underground easement that does not affect farming, or doing nothing -- ironically, it only prevents development over the right of way, seeming to be an ideal way for a preservationist to be paid to do nothing on his land. But he doesn't want a pipeline anywhere on or under the surface of the earth. He is an anti-industry activist using government "wetland" regulatory takings to try to stop the pipeline on other land. He is aligned with Indian tribalist activists and wants excess legal fund donations to go to "Plains Justice" and "Honor the Earth". He does not oppose eminent domain, he wants his viro beliefs to make him exempt from it because he hates the pipeline company.

        Viros often own property -- from primitive camps to mansions -- but oppose private property rights. They see their own "approved" use of private property as more of a feudalist entitlement, the opposite of rights. Their ideology is not just "politics". Atlas Shruged is not about supporting these people in the name of subjectivist "libertarianism".
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      • Posted by strugatsky 8 years, 8 months ago
        However, the environmentalists do not believe in private property rights. The good of the many outweights the good of the one. I see no reason not to make them live by their own beliefs.
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        • Posted by $ MichaelAarethun 8 years, 8 months ago
          How do they suddenly become the many? Curious when the shoe is on the other foot they are all for rights of minorities in any sort of discussion. Exactly. Government has 30% or so of the land and a lot of it is vacant. Give them about one square mile and a packet of seeds. No welfare.
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          • Posted by ewv 8 years, 8 months ago
            The modern viro movement began as the "ecology movement" in the late 1960s as part of the rise of the New Left of that era. They are entrenched in education, the media and government for the same reason the rest of the left is.
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        • Posted by ewv 8 years, 8 months ago
          As a matter of principle, everyone's property rights should be protected. But when someone like this tries to exploit appeals to property rights for an agenda that is opposed to property rights on principle, with all the other problems we have you aren't going to expend a lot of effort on his behalf -- unless there is some way to set a better precedent despite his antics, but that is most likely not this case.
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  • Posted by $ Thoritsu 8 years, 8 months ago
    Walmart New London, CT, began a serious trample of individual property rights. BTW, it is a weed-filled lot now.
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    • Posted by $ blarman 8 years, 8 months ago
      Correct. Though I must side with the rights of the owner regardless their environmentalist idealism, the Kelo vs. New London decision will be used to take their property away from them.

      Want to know what is especially disturbing about the Kelo case? The land was taken, but still sits there undeveloped. All that has been done is to rip out the houses that were there.
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    • Posted by $ 8 years, 8 months ago
      Was that part of that? I thought I read then it was a developer wanting to renovate along the waterfront. I will revisit it. Walmart definitely does not fall into "public need". IMHO.
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  • Posted by broskjold22 8 years, 9 months ago
    The landowner is free to decide how to use his property so long as said usage respects individual rights. We have no right to his land if he owns it according to objective law. The reasons he gives are superfluous from the point of view of the law. There is no existing objective contract which indicates something other than absolute ownership. Imminent domain would have an objective sense only insomuch as it would protect individuals from the coercive use of force. Case in point: People are free to make stupid decisions. Ban the use of imminent domain for all but law enforcement and protection from aggressors. If the organization cannot influence him to sell his property, then another method must be used to transport the oil.
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  • Posted by Herb7734 8 years, 8 months ago
    While I cannot agree with the reason for their hold out, their right to do it is constitutionally perfectly clear. I don't think you're wrong, Nick. Particularly since it was indicated that they could "go around" the landowners. It will probably cost them more than the $50K they are offering, so it likely all boils down to money.
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    • Posted by $ 8 years, 8 months ago
      Thank you, sir. I think you have hit the nail on the head here.I also am not on-board with their base reason, but I find that is irrelevant in the basic fact it seems tb be individual rights vs govt or business. Business needs to be able to adapt to changing circumstances, and I also bet they saw all the other landowners who did agree to sell and decided they had a perfect opportunity to "stand up" but that does not alter the case. Just makes it more distasteful to defend it.
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  • Posted by $ jdg 8 years, 8 months ago
    Since a buried pipeline wouldn't interfere with the existing land use, I would vote to allow the taking by eminent domain. Blocking other people's activity for what amounts to spite is not a legitimate use of a property right, in my opinion.
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    • Posted by $ 8 years, 8 months ago
      I respect your opinion, but what about when they bury it, and when it leaks? If you have a well, that could well be permanently spoiled, and this company has a really bad record. I prefer to side with the notion you should have the right to own and use your property, and not have people go under over or whatever. But, it really isn't the point, since the discussion has pretty much established they have as much chance as drying a rat in a microwave.
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  • Posted by $ MichaelAarethun 8 years, 8 months ago
    Eminent Domain is or was the law of the land under the old Constitution. It's use was meant to further national or on a local level State, City, County objectives.

    Under the new system. Simple confiscation is sufficient.

    But your main idea is correct if the purpose is purely business the action lacks any moral value. I would agree but it didn't hold water under the old constitution and it there is no bottom in the pail under the new system.

    By the way it didn't just happen to get permission. Delaware based LLC's and full Corporations have been common for multiple decades.

    The sequence will be refusal to sell (unless a high enough amount is offered) or if they are smart retain ownership and get a slice of every barrel pumped with provisions to protect liability. Or a request for the use of Eminent Domain and that is up to the people of North Dakota first.

    Like anywhere else land ownership only means the amount paid for the privilege of paying property tax and assuming liability.

    Nothing new there. The old concept disappeared along in the early 1900's.
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    • Posted by $ 8 years, 8 months ago
      Maybe. This is an interesting discussion as it seems there are several opinions on how we got to where the govt can just take your land. I know Deleware has been the place of choice (along with North Dakota) as an LLC haven for shell companies, because you can make one with almost no definition or disclosure. DuPont set that up in Del a long time ago and they have made a lot of money registering anyone and anything.
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      • Posted by ewv 8 years, 8 months ago
        Delaware doesn't decide that a business can seize land in North Dakota.
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        • Posted by $ 8 years, 8 months ago
          No, it facilitates it. You can take anything you want, slap it together, and call it a company. In this case, Marathon and the other one did that, them transported it to ND and somehow it magically became the keep of the public good.Sorry ewv, it may be legal in their law, but I do not have to believe it is right. There is a reason Delaware is the new shelter state for corporations.
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          • Posted by ewv 8 years, 8 months ago
            The pipeline company is using eminent domain because it is a pipeline company, not because of incorporation in Delaware and not because courts are "bought". Delaware has been a popular state for incorporation for decades, not because it hands out eminent domain authority in other states.
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  • Posted by LibertyBelle 8 years, 8 months ago
    Well, I think the Supreme Court was wrong on the
    New London, Conn. (And on Plessy vs. Ferg-
    uson). But what we need is a Constitutional a-
    mendment abolishing eminent domain nationwide.
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    • Posted by $ MichaelAarethun 8 years, 8 months ago
      how you going to amend anything that doesn't exist? The current method is ignore or use provisions of Patriot Act. Ya'll outta real get your heads out of the sand.
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      • Posted by xthinker88 8 years, 8 months ago
        Actually it does exist in the Constitution. Unfortunately. But the 5th Amendment clearly recognizes this power by specifying that it must be done with "just compensation."
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        • Posted by $ MichaelAarethun 8 years, 8 months ago
          Yes it does. But that document was shoved aside in favor of the patriot act. So what's the poinit of something that Obama proves almost daily doesn't exist any more? Worst part is it started under Bush and has survived three Presidential Elections I'd say your Constitutional Convention has already taken place .

          (but for the fun of it define 'just compensation.' You can google it and should come u with a bunch of Supreme Court decisions.
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    • Posted by $ blarman 8 years, 8 months ago
      I would hesitate to abolish it, but I would add to it a simple clause: that only the government entity claiming eminent domain may use the land! That way if they want to claim eminent domain, it is up to that [insert alphabet soup bureaucracy name] to take the private landowner to court and they are forbidden to sell it to any other or property ownership reverts back to the original owners with no expiration.
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    • Posted by $ 8 years, 8 months ago
      I agree with you, I am not one to allow state to trump individual. If anything define in very detailed circumstances, not the general "public good". Usually I see that excuse used by someone who has no good planned for the public, only themselves.
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  • Posted by teri-amborn 8 years, 8 months ago
    This reminds me of a personal experience I had with how my brother took my very private and exclusive daughter-to-daughter covenant away from me.
    It goes something like this:
    "I know that it is yours BUT I don't like that."
    "I have been eyeing this up for a long time."
    "You have enough and you don't live near here anyway."
    "Besides, I have more money, prestige and power than you do, therefore I can do what I want to you and by the time I am done playing my games, you won't have anything left anyway therefore: GIVE UP NOW!"
    This won't end well for the landowners (sadly).
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    • Posted by $ MichaelAarethun 8 years, 8 months ago
      Secular Progressive jargon. I have the right without explanation to take your rights without exception. I just never heard it used that way before. The SecProgs leadership are all billionaires Soros and Lewis of Progressive Insurance. They use two organizations. moveon.org and ACLU as their sock puppet foot soldiers. We had a bunch of them coast through here and kicked their butts. they don't like facs and they don't like strength and they don't like confrontation. Just an aside to get you up to speed. They really don't like objectivism or Rands philosophy on much of anything and they hate the old Constitution. Two of their member followers are the Wicked Witch of the Left Hillary and the Wicked Witch of the Left Coast Pelosillyni. Big Hint. they don't wear ruby slippers but have lots of flying monkeys. You call them main stream media.
      Their big time guru is a UC Berkeley pimp that likes to be called Yoda but some of us pointed out that was offensive and demeaning. he works for George Soros directly. You want to undersand them a little better look for a book called Framing the Debate or how to frame those whose property and freedoms you want.

      I'm having too much fun insulting them but another way to think of them is enemies domestic.
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      • Posted by $ 8 years, 8 months ago
        Yes, all the usual suspects, I had only heard of Yoda a few months back when he reared his ugly head in another issue, maybe the Bill Clinton Kiddy Tour he took.
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      • Posted by teri-amborn 8 years, 8 months ago
        Good one!
        Yes...typical jargon and behavior of people who seek to re-create reality.
        The weak-minded are their first target and, unfortunately, our political system is filled with the weak-minded.
        Incidentally:
        My mother was very weak-minded.
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  • Posted by freedomforall 8 years, 9 months ago
    This issue is about 'who you know' being more important than the rule of law protecting private property.
    The owner claims he would never sell, but the company only made a token offer of $50k and apparently decided to let the state steal the land from the owner on the company's behalf. I'd hate to be in the position of the manager that has to do this deal, but he apparently hasn't tried to find out what the seller really wants. Maybe a $250k donation to an environmental charity plus $25k for the seller would move them along (with NDA contract.) The buyer is a lazy looter who doesn't want to deal with a free market solution. The property rights of a small land owner are just as important as the rights of a well connected conglomerate.
    Scratch ND off the relocation list. (But it has lots of govt nuclear targets and a lousy climate anyway.)
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    • Posted by ewv 8 years, 9 months ago
      Every state has implemented eminent domain for utilities. Pipeline companies can take land by eminent domain under Federal law. Eminent domain for public utilities is much older than the Kelo decision.

      A typically misleading aspect of the article is the statement, “Using eminent domain is always a last resort... We strive to reach amicable [sic] agreements with all of the landowners along our pipelines” and the statement or implication that all the other landowners are expected to be willing sellers after "negotiation". Government agencies, including the National Park Service and US Fish and Wildlife Service, always claim that property not taken under direct court order is bought from "willing sellers".

      In fact, the "negotiations" rely on holding a gun to the property owners' heads (or at least an obvious bulge under the coat stuck in their ribs). Ordinarily the only legal issue in a condemnation case is the amount to be paid, not whether the property can be taken, and the amount paid must legally be only "fair market value", not what it is worth to the owner even if he is willing to sell.

      That is the kind of coercion the property owner is under in the "negotiation". Most owners give up under that threat and sell without the expensive futility of a court case to try to stop the taking and the costs of legal fees to try to get more compensation. Yet we are constantly told the former owners were "willing sellers" if they aren't ordered by a court to sell. Using eminent domain as a "last resort" is the threat to take the land; it is eminent domain. Calling it "amicable" adds insult to injury.

      But offering a $250,000 donation to a viro organization would only compound the injustice. The Botsfords have already said they will not willingly sell at any price. There is no such thing as a fair price for something that is not for sale. The issue is property rights, not pandering to viros by paying them Indulgences for evil pipelines contrary to the viro 'morality' of human sacrifice to nature.

      There is more than enough of that already, for example with "wetlands mitigation" in which property owners must pay off government agencies or NGOs like The Nature Conservancy in penance for using their own property contrary to the viro creed. Another big example is the "carbon credits" scam, in which Indulgences must be paid for the sin of producing energy. And Federal land acquisition for preservationism is claimed to be a repayment to Mother Earth for the sin of industrial civilization, drilling for oil in particular (this is one of their arguments pushing for a Federal annual entitlement of $1 billion/year for land acquisition bypassing limits of Congressional appropriations).

      Paying off the Botsfords with a distorted amount to a viro organization would ignore the moral issue of eminent domain, transferring it to martyrdom for a phony viro "idealism", while paying an outrageous amount of money for them to do more damage somewhere else.
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      • Posted by $ 8 years, 9 months ago
        I am not sure where you are going here, are saying you are ok with ED, but not in this case? Donations etc aside, the bottom line I see here is that no one has a right to take your property, and I question whether ED has a legal or moral justification or basis. I would say the private property rights in the Constitution and BOR overrides it, despite what some of the purchased courts have said.
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        • Posted by ewv 8 years, 8 months ago
          This isn't about "purchased courts". The Constitution inconsistently granted authority for eminent domain for public use. The meaning of public use has been expanded ever since by the courts because of ideology. Viro ideology in particular is today the main attack on private property rights. You can't blame this on "purchasing" while insisting the Constitution does not allow what it has consistently and progressively been interpreted by the courts to mean, based on an original inconsistency giving them a foothold.
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          • Posted by $ 8 years, 8 months ago
            Explicit in the just compensation clause is the requirement that the taking of private property be for a public use; the Court has long accepted the principle that one is deprived of his property in violation of this guarantee if a State takes the property for any reason other than a public use. 173 The question whether a particular intended use is a public use is clearly a judicial one, 174 but the Court has always insisted on a high degree of judicial deference to the legislative determination. ''The role of the judiciary in determining whether that power is being exercised for a public purpose is an extremely narrow one.'' 175 When it is state action being challenged under the Fourteenth Amendment, there is the additional factor of the Court's willingness to defer to the highest court of the State in resolving such an issue. 176 As early as 1908, the Court was obligated to admit that notwithstanding its retention of the power of judicial review, ''no case is recalled where this Court has condemned as a violation of the Fourteenth Amendment a taking upheld by the State court as a taking for public uses. . . .'' 177 How ever, in a 1946 case involving federal eminent domain power, the Court cast considerable doubt upon the power of courts to review the issue of public use. ''We think that it is the function of Congress to decide what type of taking is for a public use and that the agency authorized to do the taking may do so to the full extent of its statutory authority.'' 178 There is some suggestion that ''the scope of the judicial power to determine what is a 'public use''' may be different as between Fifth and Fourteenth Amendment cases, with greater power in the latter type of cases than in the former, 179 but it may well be that the case simply stands for the necessity for great judicial restraint. 180 Once it is admitted or determined that the taking is for a public use and is within the granted authority, the necessity or expediency of the particular taking is exclusively in the legislature or the body to which the legislature has delegated the decision, and is not subject to judicial review. 181 - See more at:
            http://constitution.findlaw.com/amend...
            This indicates to me that the main problem, again, goes back to the term "public use". I do not believe any of our public entities is secure from corruption, and I am perfectly ok with believing that you will find a money trail a mile deep in this case, as well as some judges pre-greased to make the "right" decisions. The system as is, cannot afford a high profile vote against their ability to do what they want. The footnote to citation 164 (Missouri Pacific Railroad vs Nebraska, seems like it could be relevant.

            http://constitution.findlaw.com/amend...
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    • Posted by $ 8 years, 9 months ago
      freedom, I agree with you. This stinks of money and politics. I do not believe ED has authority to take land for private use, and to say moving oil serves the public is pure BS.
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  • Posted by $ jbrenner 8 years, 9 months ago
    This points out just how horrible a decision Keloe vs. New London was.
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    • Posted by SaltyDog 8 years, 9 months ago
      Shortly after Keloe was handed down, I recall reading a story where the community where one of the Associate Justices of the Supreme Court lives (I want to say that it was Justice Breyer, but I'm not completely certain) went to court to claim the justice's home and property under eminent domain because they had a 'developer' who wanted to build an ice cream parlor or a Jiffy-Lube or something. It goes without saying that the suit sank without a bubble. I suppose the old adage holds true: How much justice can you afford?
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      • Posted by $ 8 years, 9 months ago
        Exactly my point, that would be a good case to cite in this one when they go to court, although I am sure they will lose.Part of my concern is there is almost no point to going to court anymore, just use the money to move.
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        • Posted by ewv 8 years, 8 months ago
          It wasn't intended as a serious legal case. It was used to publicly mock Breyer and the Court.

          It is very difficult to take a case to the Supreme Court. It costs over $1 million and fewer than 1% of cases are accepted to be heard. Non-profit public interest law firms like Pacific Legal Foundation and Institute for Justice who have the financial backing to try to set precedents are the kind of organizations you need behind you in addition to local attorneys.

          There are some "victories", but for the most part the courts are part of the same government driven by the same ideology. The idea that injustices are stopped by "going to court" is a myth.
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    • Posted by $ 8 years, 9 months ago
      I remember that decision, and was amazed at how little anyone cared. That decision solidified for me that the rights of the individual and the assurance of security we had in the Constitution and BOR was dead. Now it is not just the Govt, but business that can loot your earnings. Can't wait for what happens in 2017 when they start taxing health plans.We do need a revolution.
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      • Posted by ewv 8 years, 9 months ago
        There was a national uproar over the Kelo decision. The principle is still being fought in legislatures.

        A "revolution" would only cause more destruction. If you can't win votes how do you expect to win a war?
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        • Posted by $ 8 years, 9 months ago
          ewv, if you think in this day of dishonest politicians, Federal State and Local government that is drunk on it's own power and authority, and you can vote your way out of it, I think you will be disappointed. If we had a fair, honest system that was based on truth and honesty, different story. But I see this case as a warning that it is getting worse and worse and soon you will find someone show up and tell you to move out in 24 hours because the government wants you house. It is too late at that point to change anything. Look at the clown collection running for President, do you really think any of them will give a fly fart about your rights? Even with trumps bombast, Ben Carson is the only one who is seemingly concerned enough to respect the law, and he has no chance (which is too bad).
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          • Posted by ewv 8 years, 8 months ago
            You said you were "amazed at how little anyone cared" about the Kelo decision. A lot of people cared and still do. It has been national news, with a lot of legal and legislative activity fighting it. It hasn't been blocked anywhere near what is needed in state and national legislation, but that isn't because people don't care. It is one of the few property rights issues that people on a national scale do care about and are horrified by.
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    • Posted by $ 8 years, 9 months ago
      I do agree with you there, that case was another sell out to the gov't. I thought the homeowners had every right to keep their property just as they want it,the developers should have just had to suck it up.
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    • Posted by ewv 8 years, 9 months ago
      This isn't about the Kelo decision. It's a public utilities compensation case. Kelo went far beyond taking property for "public use", which includes public utilities like pipelines.
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      • Posted by $ jbrenner 8 years, 9 months ago
        You're right in that this is being treated as a public utilities case based on the following incorrect decision:

        http://www.hh-law.com/puc-decision-su...

        An oil or natural gas pipeline should not be treated as a public utility. It is owned by the oil or natural gas company. This case should parallel the Keloe vs. New London case, but because of incorrectly established precedent, it won't be.

        I think it is reasonable that a utilities commission should have some oversight authority via the permitting process, although definitely governments have generally taken this way too far.
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        • Posted by $ 8 years, 9 months ago
          Good point jbrenner. I agree, no pipeline serves the immediate public good, and I am not all that thrilled with any use of the term "public good" the people using it tend to use it for whatever they are paid to, vice an objective valuation.
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          • Posted by ewv 8 years, 8 months ago
            Every successful business serves the "public good". The criteria for eminent domain was supposed to be "public use". Both are collectivist premises for property taking.
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        • Posted by ewv 8 years, 9 months ago
          Eminent domain has been used for pipelines long before Kelo, let alone 2014. Gas pipeline companies were given eminent domain authority under Federal law in the late 1980s or early 1990s. According to one of the articles on the Botsford case the pipeline company is a "statutorily defined public utility". Eminent domain for privately owned 'public' entities like dams has been used since the beginning of the country. See Clarence Thomas' minority opinion on Kelo giving this background. The Botsford case is not about the Kelo decision.
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          • Posted by $ jbrenner 8 years, 8 months ago
            You are right in this case, but you shouldn't be.

            Gas pipelines could reasonably be considered public utilities, as individual citizens generally buy their natural gas from the public utility. Oil pipelines, by contrast, go to Cushing, Oklahoma, and then eventually to Houston, Texas, before they are sold by non-utilities to the consumers. It really is a fundamentally different case than natural gas pipelines, but it is not being treated as such.
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            • Posted by ewv 8 years, 8 months ago
              I "shouldn't be right" even though I am? Eminent domain has been used for decades for pipelines. It didn't start with the Kelo decision and did not become legally justified because of it. You wrote: "This points out just how horrible a decision Keloe vs. New London was." It is not about the Kelo decision.
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              • Posted by $ jbrenner 8 years, 8 months ago
                Yes, you shouldn't be right, even though you are, because the eminent domain case law is built on a fundamentally very flawed premise. In fact, the case law basis is as flawed as that established by the Dred Scott decision where a free man could not become a citizen, and therefore could not sue in court.

                The reason why eminent domain was used for pipelines is that many people get natural gas plumbed directly into their own homes ... by a public utility. This is a case where a law that was reasonable has been bastardized by overreaching statists and cronyists.

                Let's use an analogy.
                You own a gasoline service station. The local government takes a few feet off of your property to expand the road an extra couple of lanes. It's an inconvenience, but not a fundamental overreach because you knew when you bought the property that the first six feet of your property might be subject to that.

                Now an oil company wants to run a pipeline through or under your property. First of all, the time where your service station is inconvenienced is likely more (but perhaps not given the inefficiency with regard to road construction), but moreover the oil company is a private entity. You should have the right not to sell your property. This really should be fundamentally be compared to Kelo, but it won't be because Sandpiper has obtained eminent domain privileges (not rights) in the past for its natural gas pipelines. Sandpiper should not have gotten eminent domain privileges in North Dakota in the past because its pipelines are not being piped into individuals' homes. Now they are extending upon a previous incorrect court decision toward a further injustice.
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                • Posted by ewv 8 years, 8 months ago
                  The fact is that eminent domain for pipelines is not based on the Kelo decision. Neither is the Federal law granting eminent domain to national pipeline companies. It preceded the Kelo decision and is based on prior precedents also exploiting an inconsistent power of eminent domain in the Constitution, which transcends variations on rationalizations for different uses of eminent domain.
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            • Posted by $ 8 years, 8 months ago
              jbrenner, I agree with your point, he's right, but should not be. That is something we have lost in this country, and no one noticed. I hope after this mess collapses, they can build one that actually sticks to it's founding principles.
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              • Posted by ewv 8 years, 8 months ago
                Why should anyone not be right in correctly identifying the state of the law and its historical progression?
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                • Posted by $ 8 years, 8 months ago
                  I am stating that I think there is a difference between morally right and legally right. Just because we have been twisted by our political system does not justify the act. Legally they may have the suthority, morally no. Same for the enviromental and DNR stuff, while there may be some good value in protecting animals and an ecosystem, from various individuals chipping away at it with out knowing how all of it fits together, the draconian legal response has been to just strip private property rights in favor of environmental. An unbalanced approach. In both cases they have the legal right.
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                  • Posted by ewv 8 years, 8 months ago
                    No one is arguing for a morality of these laws as proper. We are discussing what they are. The pipeline controversy is not a result of Kelo.
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  • Posted by mccwho 8 years, 8 months ago
    4th Amendment, forbids this. But that does not stop out of control politicians for inventing laws to meet thier personal financial goals. Look what happened in the Black Hills, Even after the Federal government was found guilty of stealing the Black Hills, they still have not returned it or paid for it.
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  • Posted by bassboat 8 years, 8 months ago
    Allow me to add fuel to the fire. If we truly "own" property, then the government should have no right whatsoever to take money from us for owning the land. Our property is not ours unless this injustice is done away with.
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  • Posted by wiggys 8 years, 8 months ago
    These people have the right to refuse to sell THEIR property if the do not want to regardless of the reason to a private company!!!!!!!!!!!!!! of course they can say the cost is 4 million dollars and its yours.
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  • Posted by scojohnson 8 years, 8 months ago
    Moving oil via rail car is inherently dangerous- I'd argue that it is in the public interest to bury a pipeline.

    For the greater good, it also lowers oil prices.
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    • Posted by $ 8 years, 8 months ago
      A good point, and that could be some of the argument in favor, but if they can go around, and that is "too much trouble' then not one I would agree with.
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      • Posted by scojohnson 8 years, 8 months ago
        The hilarious thing is, Wausau, Wisconsin (where they live) is hardly the mecca of renewable energy... definitely not shit for solar, and I can't imagine there is much wind potential either, and being a northern state, I don't think a Prius or Tesla would be very practical either... but they look like a couple of hippy teachers driving old Subarus.

        Nonetheless, they make a few facts in error. A company like Enbridge builds a pipeline, which is really a transportation system like a railway, and charges other oil producers a few to move their oil through it. Much like a railway charges to move it.

        The impact of using rail to move all the oil out of North Dakota (we're talking Saudi Arabia levels of oil reserves... not a few barrels... it's many billions of barrels). The extensive use of rail for example has eliminated all rolling stock & engines from availability to ship iron ore from the Minnesota iron range to Duluth for shipment to the Eastern US & overseas. The problem is so exacerbated, that there is no more room to stockpile it on the Iron Range, and without the money from sale, the mines are now shutting down, putting entire communities out of work (yet again). Its not a lack of demand or market, it's a lack of resources to ship it. Railways are generally regional, and the oil pays better than rock ore, so they are completely ignoring the market.

        We're also moving huge quantities of petroleum through urban areas...the railways were designed to move product to people, not product 'around' the people. So a few thousand gallons in a leak here & there is pretty inconsequential compared to some of the cases where there was a train vs. truck accident or something and burned a city to the ground.

        Hence, their argument is likely false - this isn't about 'moving one company's product to market' - it's about moving the entire productivity of a region to market. And one that is very critical to national security.

        I'll bet if the Sierra Club, Soros, and whoever else wasn't paying their legal fees, this would be done & gone. They don't even live there, it's 'farmland he inherited' - so, not being worked either I'd guess - at best, he is leasing it to someone else to farm.

        So here's what I love about liberals... I live in a highly Republican community, about 75% red-voting... (I've looked at the numbers actually), over 90% own firearms, many have horses, etc. We're regularly demonized in the Sacramento area as "that place"... we don't conform. However, close to 50% have solar panels on their houses, we are a net-positive energy producer to the grid for the rest of the region, I see a hell of a lot of Volts, Teslas, and BMW EV's driving around (far more than others), and if you go to ... oh... someplace like Davis or Berkeley, it is completely the opposite. They never seem to practice what they preach, they want a gold star for hugging a tree in the buff on camera, but as with the political class - will always take a private jet while bitching about polluting tailpipes.

        This is what is wrong with these people... "Do as I say, not as I do".
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        • Posted by $ 8 years, 8 months ago
          Good point. In regards to your statement regarding rail and ore, this could be the one positive, in that if they get their way, they can ship until they break it, so that should help bring balance to the transport system, or at least improve it. I guess the Iron ore mines could build their own railroad, and just condemn some more land?They would need to create a shell company in Delaware first, then pay ND Utilities commission whatever fee was needed, but they could do it.
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          • Posted by scojohnson 8 years, 8 months ago
            Kind of funny though... it's practically Atlas Shrugged living itself out.

            I"m a little closer to the knowledgebase on that, have a lot of relatives that work in the iron range.. my cousin is an electrical engineer for one company while her husband is an electrician for another. Several mines have already closed down for lack of anyplace to stockpile anymore supply until the logjam starts moving again down the tracks.
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      • Posted by scojohnson 8 years, 8 months ago
        I don't know the circumstances... although, you can't put a lot of turns in a pipeline, the more curves it has, the lower the pressure would need to be and more inherently prone to leaks.
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  • Posted by $ 8 years, 9 months ago
    Another article on the current state, where a judge ruled it is ok to take someones private property for business:

    http://bismarcktribune.com/mobile/art...
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    • Posted by ewv 8 years, 9 months ago
      This is the same case about Botsworth. It's not about taking private property for business, it's the same eminent domain case based on takings by public utilities established long ago. The pipeline company is a "statutorily defined public utility."

      He says he's still trying to stop the taking, but he can't. He can only argue in court over the amount he is paid: "My point is I don't want to go to court and argue over how much they should pay me and get that settled by the court because I don't want to be doing business with them. I don't want their money." But he has lost that: "The trial, scheduled to begin Tuesday in Grand Forks, is only to determine the company's compensation for the land west of Emerado".

      Botsford does not oppose eminent domain, he is trying to use the courts as a circus to promote his viro ideology as an exception: "Botsford said Enbridge's actions represent an 'abuse' of eminent domain. His unwillingness to allow them to use the property also stems from his concerns about fossil fuels' effect on climate change."

      According to the other article Bosford is a "retired Indian law attorney" and Indian activists will be at his trial. Here is the bottom line from these loons, and it's not about private property rights: "Unspent donations will go to environmental groups Plains Justice and Honor the Earth".
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      • Posted by $ 8 years, 9 months ago
        I do not see how you can say it is not about taking it for business. It is a private company wanting to take land for their pipeline. Using authority they have no claim to. It is not the State wanting to put in a pipeline, but a private company. You seem to e hung up on the fact they are "enviros". I don't see that as part of this. I am concerned someone can take your land (and thus do violence on the individual), for a company's benefit. They can just go around them. This company also has a nasty record for spills and crappy work, including using pipes that are damaged and have been dropped. I think the landowner has the right to tell them to go away. I don't care if he supports UFO alien immigration, his politics are not part of the basic case. Sorry to disagree but I don't see it any other way.
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        • Posted by ewv 8 years, 8 months ago
          The company acquires land for it's business. The laws let it use eminent domain because of the kind of business it is. Eminent domain for pipelines, power transmission lines and other such intrastructure has been authorized for a very long time.

          I am not "hung up" on viros and this is not about frivolous cartoons on "UFO aliens". Their ideology is central to this story and to the rest of national and state politics attacking human civilization. Botsford wants it that way. Joining the viro trashing of energy production does not justify Botsford's political antics pretending to be the "martyred idealist". You originally wrote that his "environmental agenda... is ok in my view." It isn't ok and it isn't a frivolously irrelevant side-show.
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          • Posted by $ 8 years, 8 months ago
            We will have to disagree here. I cannot allow an individuals beliefs color the basic issue, which to me is individual property rights. I do agree that they are toast, based on all the past decisions we have no private property rights. I think that is contrary to the founding principles of the country. But that is just me...
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            • Posted by ewv 8 years, 8 months ago
              The story is about his "beliefs". He made it that way as an ideological viro activist looking for publicity.

              He will most likely loose his legal adventure, but he isn't toast. The pipeline would be buried invisibly under his land, not affecting anything he wants to do or not do on it, only gnawing at his religious obsession, which he caused himself. He doesn't care about private property rights or eminent domain as a matter of principle. But the rest of civilization is "toast" if this viro movement is allowed to continue politically with the attack on private property rights and human civilization itself becomes progressively worse.
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