BOLD Nebraska’s Jane Kleeb says this stops the company from using eminent domain all across Nebraska.
“We won a court case a couple of weeks ago for the northern part of the pipeline in our state where landowners there challenged it and won,” Kleeb says. “Now, landowners in the southern counties of our state brought a similar case and they won as well. So, right now, TransCanada cannot use eminent domain on any landowners in our state.”
Kleeb says the York County ruling is important because it gives landowners a standing in future court cases.
“We really did essentially lose on a technicality, the Supreme Court said they weren’t going to decide if the pipeline route and eminent domain proceedings were constitutional because the landowners didn’t have a standing — the technical, legal term,” she says. “These cases actually establish that legal standing, so now the Nebraska Supreme Court can hear the merits of our case on constitutionality of pipeline route.”
Kleeb says the decision also prolongs the legal process surrounding the pipeline route. She says it may be 12 to 18 months before the state’s high court will hear the case again.
The York County ruling follows a Holt County District Court decision issued February 13 that granted a similar injunction.
By Jerry Oster, WNAX, Yankton