Court Overturns LB1161

February 23, 2014 Leave a comment


Nebraska Farmers Union Says Court Decision to Overturn LB1161
is an Enormous Victory for Landowner Rights and Due Process
 
Lincoln, NE – Nebraska Farmers Union (NeFU) is extremely pleased with today’s court decision ruling LB 1161 unconstitutional, and is proud of our landowners, members, and the legal team.  This court decision affirms our initial suspicions that we clearly voiced at every step of the process with the Nebraska Legislature about the constitutionality of circumventing the siting and routing process that had already been approved in the 2011 Special Session LB1.  We said this was special use legislation, that it was unconstitutional, and lacked the appropriate safeguards and process for the use of eminent domain.
 
This is an enormous victory for our landowners, for the protection of private property rights relative to the proper use of eminent domain, for due process, and for the legal system.  Landowner attorney David Domina and his legal team did an outstanding job, as did our landowners Susan Straka, Susan Dunavan, and Randy Thompson.
 
TransCanada’s arrogance once again appropriately bit them.  The President cannot approve a pipeline that does not have an approved route through the State of Nebraska.
 
The entire TransCanada process in Nebraska has been a process of unending shortcuts.  TransCanada took a shortcut over the Sandhills and the Ogallala Aquifer which was problematic.  They then took a shortcut in due process in the Nebraska Legislature.  And in both cases these shortcuts led to a dead end.  This ruling is a perfect example of what happens when you take procedural shortcuts and violate our constitution.
 
Nebraska Farmers Union is a general farm organization with more than 6,000 farm and ranch family members dedicated to protecting and enhancing the economic well-being and quality of life for family farmers and ranchers, and their rural communities.  Since 1913, Nebraska Farmers Union has helped organize over 445 cooperatives.
 
 
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Graham P. Christensen
Public Affairs Director
Nebraska Farmers Union
402-476-8815 (Office)
402-217-5217 (Cell)
facebook: Nebraska Farmers Union
@grahamchristen

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Unknown's avatarAbout katcountryhub
I am a graduate of Northeast Community College with a degree in journalism. I am married to Jeff Gilliland. We have two grown children, Justin and Whitney and four grandchildren, Grayce, Grayhm, Charli and Penelope. I will be covering Lyons, Decatur, Bancroft and Rosalie and am hoping to expand my horizons as time progresses!

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