**The deadline to submit and verify a comment for the hearing record for LB1366 is Friday, February 2, 2024 at 8:00 AM Central Time.**
Nebraska State Senator John Cavanaugh has introduced LB 1366, a bill in the Nebraska Legislature that would change provisions relating to the use of eminent domain in Nebraska.
The bill would change existing state law so that no entity would be authorized to use eminent domain to take a landowner’s property in Nebraska unless a majority vote of the governing body of the county, city, or village where the property is located approves such taking — and only after a “good faith” effort has been made by the entity seeking eminent domain authority, defined by the bill as “an attempt to agree, consisting of an offer of at least fair market value or that a reasonable owner would accept, and a reasonable effort to induce the owner to accept it, in addition to “an appraisal that is shared with the owner at the time of negotiations.” The bill also provides landowners a path to reclaiming property seized via eminent domain: “If the property is not used or is no longer necessary for the public use, the condemnee shall have the right to have the title or interest returned for the amount of the condemnation award.”
While Bold supports this proposed legislation, we would like to see amendments made to enhance protections for property owners, such as the provisions included in last year’s LB 1186 introduced by Sen. Eliot Bostar, which would additionally:
- Make the Oil Pipeline Reclamation Act applicable to other kinds of hazardous liquid pipelines, including carbon pipelines
- Provide for reclamation of land after the end of a pipeline’s operations
- Provide for a reclamation fund to pay for the potential removal of equipment and restoration of lands
TO TESTIFY IN PERSON:
Nebraska Legislature’s Judiciary Committee
Friday, Feb. 2 at 1:30 p.m.
Room 1113 at the Nebraska State Capitol
1445 K St, Lincoln, NE 68508
SAMPLE TESTIMONY / COMMENT
Nebraska landowner Art Tanderup, whose property in Neligh was on the proposed Keystone XL pipeline route, will testify at the hearing on Friday, Feb. 2. His draft testimony is provided below as an example for other impacted landowners to consider when writing their comments:
My name is Art Tanderup. My wife Helen and I farm north of
Neligh.
Every property owner hates the words “eminent domain”.
It is sometimes necessary for governments to utilize it for
roads, utilities, etc. That type of eminent domain meets the
farmer test.
However, there is another type of eminent domain that does
not meet the farmer test. That is when a private corporation
takes property for corporate gain. It is like the law is saying you
are required to have poor crop yields and poor commodity
prices.
Have any of you experienced eminent domain? Have any of
you received a letter from a foreign corporation the week of
Thanksgiving threatening you to sign or else? It was extremely
difficult to enjoy time with family, let alone a festive meal. That
same foreign corporation sent another letter that arrived two
days before Christmas. They reminded me that I should have
signed, but would give me to the end of the year. Christmas is
one of the most joyous times of the year with faith, family and
festivities. My little granddaughter said, “Why are you so sad
Grandpa? Christmas is happy time”. In January, the notice
came. None of this met the farmer test, yet it met the test of
Nebraska law and those unclear words “public use”.
Over eight and a half years, land agents constantly harassed
land owners. It was the used car salesman selling lemons.
Many landowners gave in and signed documents. Some of us
stood on principle and continued to receive harassment and
bullying.
These are just some examples of the corporate bullying that
took place. Is this what the law should be allowing? Is this how
good Nebraska citizens should be treated? Is this how property
rights should be balanced and protected?
As a Senator, it is your job to listen to the concerns of the
citizens and make positive changes that are good for Nebraska.
You have an opportunity to improve eminent domain law.
It is time for you to get in field and get the work done.
Thank you.
OTHER TOPICS TO CONSIDER IN YOUR 500-WORD COMMENT:
- Landowners who have valid concerns may have no say whether an entity such as a carbon pipeline company can build through their property.
- Concerns for their families’ safety; and impacts on their livelihoods, whether from a pipeline explosion, or damages to crops, topsoil lands and waterways during construction and decades of maintenance.
- With almost zero regulation in Nebraska for carbon pipelines in particular, and in general to protect landowners in this state — the final negotiations and the most potentially impactful might end up being directly between these corporations and landowners, who are facing down eminent domain condemnation of their property if they refuse to sign an easement.
- All pipeline builders claim early in the process that they desire to “work with landowners” — including these proposed carbon pipelines — but ultimately this is all part of their ploy, as the threat of taking you to court to simply take your land via eminent domain always lurks during any easement “negotiations.”
ACTION: Submit an official comment in support of LB 1366 with Bold’s suggested amendments via the Nebraska Legislature website:
The deadline to submit and verify a comment for the hearing record for LB1366 is Friday, February 2, 2024 at 8:00 AM Central Time.
To Submit Your Comment on LB 1366:
https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=55587
- Click “Submit Comments Online for LB1366”
- Click “I Understand” on the pop-up window that appears.
- Include Comment in Public Hearing Record (as an exhibit) – “YES”
- Enter your name/address and email
- Enter your District Number (Your legislative district number can be located by clicking the “Find Your District” button, and entering your home address in the pop-up box)
- Stance – “Proponent” – We support LB 1366 because the bill would take steps to protect Nebraska landowners against eminent domain seizure of their land for private gain.
- Written Statement – Your written statement is limited to *500 words* – which is very short if you have a lot to say.
- Are you a landowner who has already been threatened with or currently faces eminent domain seizure of your land against your wishes for a pipeline or other project? (e.g. Keystone XL, Summit Carbon, Tallgrass Trailblazer, etc.) Include mention of your experience with the company in your comment.
- Indicate your support for Sen. Cavanaugh’s LB 1366 to strengthen protections on private property for Nebraska landowners
- State that you would like the bill to go even further than it currently does, that carbon dioxide pipelines should be regulated by the state, and that “decommissioning” of a pipeline after its life includes return of property seized via eminent domain to landowners.
- Click the “I’m not a robot” box
- Click “Submit Comment”
*IMPORTANT* After you click “Submit Comment”, check your email inbox for a new email from “Nebraska Legislature,” with a subject line of “Verify your Written Comment for LB1366.” You *must* click the link on the email to follow through and complete your comment submission, or else it will not be recorded.
View the full text of the bill:
LB1366 – Change provisions relating to the use of eminent domain
