When
the 5th Amendment was written by our founding fathers, they never
expected to allow Britain the right to come in with gold and take back
the colonies.
Below is an ad from an Oklahoma law firm. I've never been to Tulsa, Oklahoma to know for sure they are located at 1500 South Utica Avenue, Suite 400; but, if they weren't there it would be false advertisement.
If lawyers in Oklahoma, one of the states that have enormous interests in the petroleum industry, stands up for the ABUSE of power in allowing eminent domain to foreign countries, then there is a battle to be fought.
Foreign Entities Using Eminent Domain Set a Precedent (click here)
TransCanada used United States eminent domain law from the northern border of North Dakota all the way to Port Arthur, Texas to secure right-of-ways for their pipeline. While the project itself will serve the general public and create jobs, it is the foreign corporation (TransCanada) who stands to profit immensely from this taking of land for the Keystone pipeline.
Many will argue that the pipeline is necessary, but the rulings set a very dangerous precedent to the national security of the United States by providing foreign investors and foreign countries with the power of eminent domain in the United States. Our nation’s court system believes very strongly in ‘precedents’ whether they are right or wrong.
Early Evolution of Eminent Domain Cases (US Department of Justice website - click here)
The federal government’s power of eminent domain has long been used in the United States to acquire property for public use. Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.” Boom Co. v. Patterson, 98 U.S. 403, 406 (1879). However, the Fifth Amendment to the U.S. Constitution stipulates: “nor shall private property be taken for public use, without just compensation.” Thus, whenever the United States acquires a property through eminent domain, it has a constitutional responsibility to justly compensate the property owner for the fair market value of the property. See Bauman v. Ross, 167 U.S. 548 (1897); Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 9-10 (1984).
On September 4, 1985 Rupert Murdoch became a USA citizen after being born in Melbourne, Australia. Why would he do that? He loved the USA so much he wanted to live here? No, that is not the reason why Murdoch took a US citizenship.
- See more at: http://www.nature.org/about-us/private-lands-conservation/conservation-easements/all-about-conservation-easements.xml#sthash.YgK59lPO.dpuf
Below is an ad from an Oklahoma law firm. I've never been to Tulsa, Oklahoma to know for sure they are located at 1500 South Utica Avenue, Suite 400; but, if they weren't there it would be false advertisement.
If lawyers in Oklahoma, one of the states that have enormous interests in the petroleum industry, stands up for the ABUSE of power in allowing eminent domain to foreign countries, then there is a battle to be fought.
Foreign Entities Using Eminent Domain Set a Precedent (click here)
TransCanada used United States eminent domain law from the northern border of North Dakota all the way to Port Arthur, Texas to secure right-of-ways for their pipeline. While the project itself will serve the general public and create jobs, it is the foreign corporation (TransCanada) who stands to profit immensely from this taking of land for the Keystone pipeline.
Many will argue that the pipeline is necessary, but the rulings set a very dangerous precedent to the national security of the United States by providing foreign investors and foreign countries with the power of eminent domain in the United States. Our nation’s court system believes very strongly in ‘precedents’ whether they are right or wrong.
Foreign Use of Eminent Domain Power is Dangerous
Many farmers and ranchers in Oklahoma are adversely affected by the federal government and state courts allowing a foreign corporation to use the power of eminent domain to take private property. These rulings on property takings may seem insignificant, especially since the pipeline is beneficial to a majority of Americans. However, these rulings do in fact set a precedent and grant the very far reaching powers to a foreign company or government.Early Evolution of Eminent Domain Cases (US Department of Justice website - click here)
The federal government’s power of eminent domain has long been used in the United States to acquire property for public use. Eminent domain ''appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty.” Boom Co. v. Patterson, 98 U.S. 403, 406 (1879). However, the Fifth Amendment to the U.S. Constitution stipulates: “nor shall private property be taken for public use, without just compensation.” Thus, whenever the United States acquires a property through eminent domain, it has a constitutional responsibility to justly compensate the property owner for the fair market value of the property. See Bauman v. Ross, 167 U.S. 548 (1897); Kirby Forest Industries, Inc. v. United States, 467 U.S. 1, 9-10 (1984).
On September 4, 1985 Rupert Murdoch became a USA citizen after being born in Melbourne, Australia. Why would he do that? He loved the USA so much he wanted to live here? No, that is not the reason why Murdoch took a US citizenship.
NEW YORK — Rupert Murdoch, (click here) Australian-born publishing magnate, became a
U.S. citizen today, removing an obstacle to his acquisition of a network
of independent American television stations.
Murdoch, 54, has been living in the United States since 1973. He was joined in the courtroom ceremony by 185 other aliens....
If Murdoch had to change his citizenship to purchase major media networks, where does anyone believe the US State Department can use eminent domain to benefit a foreign company?
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
Easements
I want people effected by foreign companies seeking easements to understand how 'conservation' easements work.
Private Land (click here)
Private property subject to a conservation easement remains in private ownership. Many types of private land use, such as farming, ranching and timber harvesting, can continue under the terms of a conservation easement, and owners can continue to live on the property. The agreement may require the landowner to take certain actions to protect land and water resources, such as fencing a stream to keep livestock out or harvesting trees in certain way; or to refrain from certain actions, such as developing or subdividing the land. Conservation easements do not mean properties are automatically opened up to public access unless so specified in an easement.
This argument with TransCanada has existed since 2011. This is an entry about citizens in Oklahoma that dearly love their country and oppose the building of pipelines by foreign companies through eminent domain.
Oklahoma landowners challenge TransCanada’s pipeline (click here) (foreign company can use eminent domain?)
Globe and Mail ^ | 1-17-11 | SHAWN McCARTHY
Posted on Tuesday, January 18, 2011 6:55:18 PM by dynachrome
Oklahoma resident Sue Kelso and her siblings have filed a motion in district court to block TransCanada’s plan to exercise eminent domain in order to build across their property. Ms. Kelso, 69, lives on a farm where she grew up near the Texas border in southern Oklahoma.
“My objection is that a foreign company has no right to condemn our property, come in and take what they want, where it does not benefit us or our neighbours,” Ms. Kelso said in an interview Monday. “It only benefits them and their investors. It is for their gain – it is not helping me at all.”
Murdoch, 54, has been living in the United States since 1973. He was joined in the courtroom ceremony by 185 other aliens....
If Murdoch had to change his citizenship to purchase major media networks, where does anyone believe the US State Department can use eminent domain to benefit a foreign company?
The power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property.
Easements
I want people effected by foreign companies seeking easements to understand how 'conservation' easements work.
Private Land (click here)
Private property subject to a conservation easement remains in private ownership. Many types of private land use, such as farming, ranching and timber harvesting, can continue under the terms of a conservation easement, and owners can continue to live on the property. The agreement may require the landowner to take certain actions to protect land and water resources, such as fencing a stream to keep livestock out or harvesting trees in certain way; or to refrain from certain actions, such as developing or subdividing the land. Conservation easements do not mean properties are automatically opened up to public access unless so specified in an easement.
This argument with TransCanada has existed since 2011. This is an entry about citizens in Oklahoma that dearly love their country and oppose the building of pipelines by foreign companies through eminent domain.
Oklahoma landowners challenge TransCanada’s pipeline (click here) (foreign company can use eminent domain?)
Globe and Mail ^ | 1-17-11 | SHAWN McCARTHY
Posted on Tuesday, January 18, 2011 6:55:18 PM by dynachrome
Oklahoma resident Sue Kelso and her siblings have filed a motion in district court to block TransCanada’s plan to exercise eminent domain in order to build across their property. Ms. Kelso, 69, lives on a farm where she grew up near the Texas border in southern Oklahoma.
“My objection is that a foreign company has no right to condemn our property, come in and take what they want, where it does not benefit us or our neighbours,” Ms. Kelso said in an interview Monday. “It only benefits them and their investors. It is for their gain – it is not helping me at all.”
There was an article in the NY Times:
By
LESLIE KAUFMAN and
DAN FROSCH
Published: October 17, 2011
...Randy Thompson, a cattle buyer in Nebraska, (click here) was informed that if he did not grant pipeline access to 80 of the 400 acres left to him by his mother along the Platte River, “Keystone will use eminent domain to acquire the easement.” Sue Kelso and her large extended family in Oklahoma were sued in the local district court by TransCanada, the pipeline company, after she and her siblings refused to allow the pipeline to cross their pasture.
“Their land agent told us the very first day she met with us, you either
take the money or they’re going to condemn the land,” Mrs. Kelso said.
By its own count, the company currently has 34 eminent domain actions
against landowners in Texas and an additional 22 in South Dakota....
Now, TransCanada has imposed it's will through a twisted use of the US State Department. TransCanada wants the US State Department to look the other way while citizens across this country stand in opposition of it. This decision by the US State Department and any decision by President Obama will set a very dangerous precedent. I am surprised this issue has gotten this far. It has yet to submit a legitimate Environmental Impact Statement. It is fraudulent. No doubt in my mind. Public opinion closes the beginning of April.
Eighty of four hundred acres.
Eighty of four hundred acres.
Eighty.
That is 20% of Ms. Kelso's farmland.
Twenty percent of a privately owned FARM is an imposed loss through eminent domain to a foreign company.
That is 20% less income to that farm. It is 20% less taxes to the local tax base to pay for schools and infrastructure.
It is outrageous and there is no reason for it.
Eminent domain is supposed to be a last resort for a city or state to supply public access to land for it's use. This is not providing access to land for the public use. Oil is NOT a utility. Not even close.
Oil is a privately owned commodity. It impacts the global price of that commodity. When utilities appear in the stock market it is not a global commodity. There is nothing about oil that is public. The petroleum industry LEASES public land, but, the US government never embarks on a national petroleum commodity to effect global prices. The USA allows companies to access public lands, in some areas, to conduct economic incomes. The USA collects lease fees, not a percentage of the global commodity.
Eminent domain is supposed to be a last resort for a city or state to supply public access to land for it's use. This is not providing access to land for the public use. Oil is NOT a utility. Not even close.
Oil is a privately owned commodity. It impacts the global price of that commodity. When utilities appear in the stock market it is not a global commodity. There is nothing about oil that is public. The petroleum industry LEASES public land, but, the US government never embarks on a national petroleum commodity to effect global prices. The USA allows companies to access public lands, in some areas, to conduct economic incomes. The USA collects lease fees, not a percentage of the global commodity.
Private Land
Private property subject to a conservation easement remains in private ownership. Many types of private land use, such as farming, ranching and timber harvesting, can continue under the terms of a conservation easement, and owners can continue to live on the property. The agreement may require the landowner to take certain actions to protect land and water resources, such as fencing a stream to keep livestock out or harvesting trees in certain way; or to refrain from certain actions, such as developing or subdividing the land. Conservation easements do not mean properties are automatically opened up to public access unless so specified in an easement.- See more at: http://www.nature.org/about-us/private-lands-conservation/conservation-easements/all-about-conservation-easements.xml#sthash.YgK59lPO.dpuf
