Nebraska Eminent Domain Used for the Acquisition of the Keystone Pipeline

Eminent domain in definition is “the right or power of public purposes without the owner’s consent

Eminent Domain is the government's right under the Fifth Amendment to acquire privately owned property for public use - to build a road, a school or a courthouse. Under eminent domain, the government buys your property, paying you what's determined to be fair market value. In recent years, there has been much debate over the appropriateness of eminent domain, and further its legality in specific instances. The government is allowed to seize personal property for private use if they can prove that doing it will serve what's called "the public good". There have been many cases brought up against the government in attempt to regulate the government's power in seizing private property. There is a political push for reform to the eminent

Eminent domain is the right of a government to seize and control private property in return for compensation if it’s specific purpose is for the greater good of the community as a whole. The Little Pink House is a book that gives an example of a major court case related to eminent domain from a journalistic account. The case of Kelo v. City of New London is the most famous case of condemnation in the history of the nation. The book tells the inspirational true story of Susette Kelo and her battle with the city of New London. Susette Kelo is woman who had recently came out of a long term marriage and purchased a rundown, waterfront, Victorian home in New London, Connecticut.

The origination of this case study begins on one brisk morning back on the 19th of September in 2008 when TransCanada first submitted their application to the U.S. State Department to build the Keystone XL pipeline. The Canadian based energy infrastructure company proposed a 1,179-mile, 36-inch diameter pipeline that would transport crude oil from Canada, through Montana, South Dakota, and Nebraska. Along with transporting oil from producers in Texas, Oklahoma, Montana and North Dakota (Figure 1).

Eminent domain allows for government, railroads, utility and redevelopment companies to take possession of private property for public use. Parks, military bases, distribution centers, railroads, and airports are all acceptable intended purposes to obtain private property through eminent domain. An organization or company try to obtain private property must following a specific process, according Missouri state law. First the condemner must try to obtain the property outside of court. They will need to issue a letter to the property owner which includes the following:

The history of oil pipelines in the U.S. supports both sides of the argument, but in the end one must not rely on history to decide whether or not to implement such a controversial pipeline. The Keystone XL Pipeline could be beneficial to the US economy but the dangers to the environment must be weighed in order to decide if the new oil pipeline is necessary. We live in a world that is trying to switch over to renewable energy and help reduce global warming. The increased production of oil in the United States might not be needed even though it might be beneficial to economic

158). By applying this theory to the hypothetical, it is an ethical decision to seize the property from the farmers. The decision to take the land from the farmers and give to the local Indian tribe for gambling will result in decreased unemployment rates and increased revenue. While the farmers may suffer with a sentimental loss of their families’ land, they will be compensated for the cost. With weighing the costs to the farmers against the benefits to the town and community as a whole, it is in the best interest to exercise eminent domain.

The Standing Rock Sioux tribe has not given up their fight to end this project. The tribe claims that they had no consent of the route of this project until the construction began. This caused major controversy and also caused the halt in the construction of the pipeline. The tribe also accused the government of illegally taking land from them and it is the law to consult with the land owners before construction.

Eminent Domain if used correctly is a fair practice. Looking at this case, I think governments should put more rules into this law to make sure it is not used to take advantage of people. All those home were taken so that a Pharmaceutical company could bring their people here to live which in-turn would help the community. In the end they did not come. It was total waste of effort. In this case Eminent Domain was take advantage of because of a hypothetical that private corporation could help a community. It should not have been used in the first place. Eminent Domain should stick with only being used only for community efforts such as highways, hospital, efforts the community of that city.

The North Dakota Access Pipeline will span from the Bakken, North Dakota to southern Illinois. The Standing Rock Sioux reservation opposes the pipeline because they believe that it goes through sacred land. The Sioux tribe also opposes the pipeline because it will cross the Missouri River twice, which is the reservations main water source. They believe that the pipeline may contaminate the Missouri River, but the pipeline company claims that the pipeline is the safest method to transfer the oil. I believe that this is a tough topic to form an opinion on, but I will hopefully explain my stance on this issue throughout this essay.

The Energy Transfer Partners wants to install the Dakota Pipeline near the Standing Rock Sioux Reservation, but the Sioux tribe is fighting to stop the installation of the pipeline to preserve their culture and assert their right to the property. The Dakota Pipeline is an oil pipeline that would transport oil from North Dakota through South Dakota and Iowa into Illinois. The Dakota Pipeline should not be installed because it disrespects the Native Americans’ culture and discriminates against The Sioux, a minority within the United States. The unjust treatment of Native Americans is due to the government’s disregard for Native American property rights and the government’s belief that they can simply take Native American property away because they are

The Keystone XL Pipeline Project has many pros and cons just as any project does, but this project has way bigger cons than most projects this country will face today. “The Keystone XL Pipeline is an environmental crime in progress.” “It’s also been called the most destructive project on the planet.” The major issues with the Keystone XL Pipeline are “the dirty tar sands oil, the water waste, indigenous populations, refining tar sands oil and don’t forget the inevitable; pipeline spills.” And these are just some of the environmental issues, not too mention how building this thing from Canada to Texas; 2,100 miles to be exact, is affecting the people and their land, as stated “this isn’t a little tiny pipeline,

Dallas Based Energy Transfer Partners, the company responsible for the construction of the pipeline, claims they have met with tribal leaders “many” times over the past two years, but, “the Standing Rock Sioux claims that meaningful consultations with their leaders were never held and that their concerns have been ignored” (Dakota Access Pipeline 12). This is blatant discrimination of the Standing Rock Sioux Tribe and disregards any concerns they may have. Cooperation with the tribal leaders would allow the tribe to communicate any further concerns with construction. Instead they have ignored the Standing Rock Sioux tribe and decided to do what they think is best for themselves. An ideology that has always haunted the Native American people. The discrimination continues with the Pipeline being built on Sioux territory and further violates treaties. Sincere Kirabo, coordinator at the American Humanist Association, states, “[the pipeline] does cross through territory that belongs to the Sioux, which directly violates the 1868 Treaty of Fort Laramie that states the land is reserved for ‘undisturbed use and occupation’ of Native inhabitants” (26). The treaties once created by the government to create peace, is now being disregarded and not being upheld. This is denying their freedom of being equal before the law and further shows discrimination against the

America's government system is powerful. One way the government flexes their muscles is through eminent domain. Eminent domain is the government's power to seize land from one and give it over to another. Most times, eminent domain is used to improve the city. There are a lot of tensions between whether eminent domain is morally right or even constitutional.

Imagine getting a visitor at your front door, and the visitor offers you a very generous amount of money for them to take you property for public use. For some people it is the property they grew up on, and for others it is the property that has been passed down through family generations. That is what happens when private property owners experience eminent domain. Eminent domain can be a wonderful thing for big companies and powerful leaders. On the other hand, people lose their homes, or perhaps their farmland. Those who offer eminent domain often have big plans that can benefit a community, but the huge loss here is people losing their homes. Most companies will only enforce eminent domain if they have no other choice. Other companies do it purely for themselves. Eminent domain should be used for the good of mankind, because it has the power to put some good places in this world if done correctly.