Jane Kleeb, Bold Nebraska, 402-705-3622,
Mark Hefflinger, Bold Nebraska,

Landowners Challenging Eminent Domain and Keystone XL Pipeline to Face TransCanada at Nebraska Supreme Court on Tuesday

Separately, landowners file appeal of Public Service Commission decision; Oral Arguments not expected until late 2018

Lincoln — Landowners challenging the abuse of eminent domain for private gain by TransCanada for the proposed Keystone XL tarsands export pipeline will have their cases heard by the Nebraska Supreme Court on Tuesday, Jan. 9th.

The Nebraska Supreme Court will hear arguments from 40 of the landowners who are still seeking an award of attorneys’ fees and court costs after successfully challenging TransCanada’s eminent domain proceedings against them.

“Gov. Ricketts and the Nebraska Legislature have failed to protect property rights of farmers and ranchers from a foreign oil corporation. Landowners are headed to the Nebraska Supreme Court again for justice and fairness,” said Bold Nebraska founder Jane Kleeb.

TransCanada initiated eminent domain proceedings to acquire landowners’ property, but voluntarily dismissed the proceedings in 2015. The landowners then filed motions requesting awards of attorney fees and costs. The county court granted the motions and awarded attorney fees and costs. TransCanada then appealed to the district court. The district court reversed the award and remanded the cases back to the county court for further proceedings. TransCanada appealed, and these appeals were moved to the Nebraska Supreme Court, which will hear arguments from some of the landowners on Tuesday.

WHAT: Nebraska landowners vs. TransCanada at Nebraska Supreme Court
WHEN: Tuesday, Jan. 9th, 9:00 a.m.
WHERE: Nebraska Supreme Court Courtroom, Nebraska State Capitol

Separately, on Dec. 27, Nebraska landowners challenging TransCanada’s permit application to build the Keystone XL pipeline through the state filed an appeal of the Nebraska Public Service Commission’s decision to approve the “Mainline Alternative” pipeline route.

The filing from landowners’ attorneys with Domina Law Group triggers a process that will begin with the creation of a full record and transcript of the Nebraska PSC intervenor hearings and legal proceedings, which is scheduled to be completed by Feb. 14th.

The court’s appeal schedule will then proceed as follows:

  • March 13th: Landowners’ Opening Brief due
  • April 13th: TransCanada’s Reply Brief due
  • ~End of 2018: Expected scheduling of Oral Arguments

Read the Landowners’ Notice of Appeal:

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