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North Dakota holdout landowner refusing to sell rights for Sandpiper oil pipeline

Posted by $ nickursis 9 years, 8 months ago to Government
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So, aside from the fact that these people have an environmental agenda, which is ok in my view, I wonder how does the government of a state get the right to take private property just so they can give it to a private company? A couple other articles suggest this company is an LLC in Delaware that just happened to get permission to function in SD as an public entity, entitling it to use a law made for use on public projects (such as water, electricity etc). It seems that they should not have the right to take it from one to give to another for a purely business purpose. Am I wrong here?


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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    I don't know either, but they can start earlier and use less angles. That would be their problem, but as I understand it, they said they would not go around.
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  • Posted by scojohnson 9 years, 8 months ago in reply to this comment.
    The track isn't the problem... it's the lack of rolling stock.. it probably takes years to expand the fleet, I think GE builds that stuff in Brazil now.
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  • Posted by scojohnson 9 years, 8 months ago in reply to this comment.
    Kind of funny though... it's practically Atlas Shrugged living itself out.

    I"m a little closer to the knowledgebase on that, have a lot of relatives that work in the iron range.. my cousin is an electrical engineer for one company while her husband is an electrician for another. Several mines have already closed down for lack of anyplace to stockpile anymore supply until the logjam starts moving again down the tracks.
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    Good point. In regards to your statement regarding rail and ore, this could be the one positive, in that if they get their way, they can ship until they break it, so that should help bring balance to the transport system, or at least improve it. I guess the Iron ore mines could build their own railroad, and just condemn some more land?They would need to create a shell company in Delaware first, then pay ND Utilities commission whatever fee was needed, but they could do it.
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  • Posted by Zenphamy 9 years, 8 months ago in reply to this comment.
    I guess if one accepts that they're working in a corrupt system and can never escape it, one can make the argument you seem to make, but to do that, you're faced with denying principles necessary to freedom and liberty as well as an Objectivist life.
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  • Posted by Zenphamy 9 years, 8 months ago in reply to this comment.
    I think it points not only to the severe loss of respect for private property, but also to the many, many rules imposed on courts by the ABA that restricts what a judge or jury may consider in cases. Somehow, we need to get some common sense back into our court systems.
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  • Posted by ewv 9 years, 8 months ago in reply to this comment.
    The modern viro movement began as the "ecology movement" in the late 1960s as part of the rise of the New Left of that era. They are entrenched in education, the media and government for the same reason the rest of the left is.
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  • Posted by $ MichaelAarethun 9 years, 8 months ago in reply to this comment.
    Everything from banning Christmas to same sex marriages to property rights too....the Constitution

    OK I give up they won their revolution. When does the counter revolution start? i'm ready to enlist.
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  • Posted by ewv 9 years, 8 months ago in reply to this comment.
    The pipeline company is using eminent domain because it is a pipeline company, not because of incorporation in Delaware and not because courts are "bought". Delaware has been a popular state for incorporation for decades, not because it hands out eminent domain authority in other states.
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  • Posted by $ MichaelAarethun 9 years, 8 months ago in reply to this comment.
    How do they suddenly become the many? Curious when the shoe is on the other foot they are all for rights of minorities in any sort of discussion. Exactly. Government has 30% or so of the land and a lot of it is vacant. Give them about one square mile and a packet of seeds. No welfare.
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    Indeed, one wonders why they are not hanging the rafts to them and trying to sink them with letters. Make them put really big catalytic converters on them like all the cars do....(joke)..
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    It does seem that all law is being manipulated now to confound, confuse and enable anything, if they can't do it under the one they want, they find another. It still takes your rights and privacy away.
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    Explicit in the just compensation clause is the requirement that the taking of private property be for a public use; the Court has long accepted the principle that one is deprived of his property in violation of this guarantee if a State takes the property for any reason other than a public use. 173 The question whether a particular intended use is a public use is clearly a judicial one, 174 but the Court has always insisted on a high degree of judicial deference to the legislative determination. ''The role of the judiciary in determining whether that power is being exercised for a public purpose is an extremely narrow one.'' 175 When it is state action being challenged under the Fourteenth Amendment, there is the additional factor of the Court's willingness to defer to the highest court of the State in resolving such an issue. 176 As early as 1908, the Court was obligated to admit that notwithstanding its retention of the power of judicial review, ''no case is recalled where this Court has condemned as a violation of the Fourteenth Amendment a taking upheld by the State court as a taking for public uses. . . .'' 177 How ever, in a 1946 case involving federal eminent domain power, the Court cast considerable doubt upon the power of courts to review the issue of public use. ''We think that it is the function of Congress to decide what type of taking is for a public use and that the agency authorized to do the taking may do so to the full extent of its statutory authority.'' 178 There is some suggestion that ''the scope of the judicial power to determine what is a 'public use''' may be different as between Fifth and Fourteenth Amendment cases, with greater power in the latter type of cases than in the former, 179 but it may well be that the case simply stands for the necessity for great judicial restraint. 180 Once it is admitted or determined that the taking is for a public use and is within the granted authority, the necessity or expediency of the particular taking is exclusively in the legislature or the body to which the legislature has delegated the decision, and is not subject to judicial review. 181 - See more at:
    http://constitution.findlaw.com/amend...
    This indicates to me that the main problem, again, goes back to the term "public use". I do not believe any of our public entities is secure from corruption, and I am perfectly ok with believing that you will find a money trail a mile deep in this case, as well as some judges pre-greased to make the "right" decisions. The system as is, cannot afford a high profile vote against their ability to do what they want. The footnote to citation 164 (Missouri Pacific Railroad vs Nebraska, seems like it could be relevant.

    http://constitution.findlaw.com/amend...
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    No, it facilitates it. You can take anything you want, slap it together, and call it a company. In this case, Marathon and the other one did that, them transported it to ND and somehow it magically became the keep of the public good.Sorry ewv, it may be legal in their law, but I do not have to believe it is right. There is a reason Delaware is the new shelter state for corporations.
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  • Posted by $ 9 years, 8 months ago in reply to this comment.
    Yes, all the usual suspects, I had only heard of Yoda a few months back when he reared his ugly head in another issue, maybe the Bill Clinton Kiddy Tour he took.
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  • Posted by ewv 9 years, 8 months ago in reply to this comment.
    Delaware doesn't decide that a business can seize land in North Dakota.
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  • Posted by teri-amborn 9 years, 8 months ago in reply to this comment.
    Good one!
    Yes...typical jargon and behavior of people who seek to re-create reality.
    The weak-minded are their first target and, unfortunately, our political system is filled with the weak-minded.
    Incidentally:
    My mother was very weak-minded.
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  • Posted by scojohnson 9 years, 8 months ago in reply to this comment.
    My sentiments exactly... Picking on power plants doesn't work for them because that doesn't work with the EV agenda.
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  • Posted by $ MichaelAarethun 9 years, 8 months ago in reply to this comment.
    Yes it does. But that document was shoved aside in favor of the patriot act. So what's the poinit of something that Obama proves almost daily doesn't exist any more? Worst part is it started under Bush and has survived three Presidential Elections I'd say your Constitutional Convention has already taken place .

    (but for the fun of it define 'just compensation.' You can google it and should come u with a bunch of Supreme Court decisions.
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