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MEDIA ADVISORY
For Friday, September 28, 2012 |
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CONTACT:Terri Hall
Founder/Director
Texas TURF
(210) 275-0640
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Debra Medina
Director
We Texans
(512) 663-8401
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David Holland, landowner
(713) 240-1915
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Follow the money: Landowners object to possession by TransCanada, will challenge property valuation & eminent domain takingProperty Rights and Community Activists support landowners
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WHO: South Texas Rice Farmers challenge writ of possession granted to
TransCanada in the ongoing eminent domain battle with Texans as the company seeks
to build the Keystone XL Pipeline
WHAT: Press Event and Court Hearing
WHEN: Friday, Sept. 28. Press event 12:30 PM, Court hearing 1:00 PM
WHERE: Press event, Plaza in front of Jefferson County Courthouse 1149 Pearl Street, Beaumont
Court hearing: 2nd floor, courtroom of Judge Thomas Rugg
Another battle over eminent domain and the keystone tar sands pipeline attempted taking of private property for foreign oil will ignite in Beaumont on Friday. Landowners, the Holland family, Herbert Dishman and Mickey Phelan will resume their challenge against TransCanada's request for a writ of possession. The granting of the writ would allow the Canadian company to begin trenching on land owned by the three defendants for the southern segment of the Keystone XL tar sands pipeline.
Texas law requires that a bona fide offer be made to landowners before an eminent domain condemnation can occur but provides little guidance to the special commissioners who determine the value due the property owner. TransCanada once again stands as the poster child for how badly broken Texas' eminent domain laws are.
In the case of TransCanada versus the Holland family in Jefferson County, the company made a final offer of $446,864. The family had recently granted a 30 foot easement (and a second 10 foot easement overlapping the first) at the price of $900 per rod, the standard measurement for pipelines equivalent to 16.5 feet. The TransCanada offer equated to $800 per rod for an easement 50 feet wide.
The Hollands were willing to accept that offer but, "TransCanada failed to accept our customary easement terms. For example, they wanted to be able to abandon the pipeline in place, walk away from liability for any future disaster, refused to bore under canals, ditches and streams on the property and would not agree to lower pipe to accommodate crossing of our equipment," said David Holland, "So we find ourselves in court trying to protect our property."
The special commissioners awarded merely $20,808. Under Texas law, the company can ask for a writ of possession once that special commissioners' award is placed on deposit or paid to the landowner.
"How is a valuation of less than 5% of what the company previously offered and what others have been willing to pay anywhere close to fair market value?" asked Debra Medina, executive director We Texans.
"There is something terribly wrong when a private company is allowed to take land for less than 5% of real world prices," said landowner, David Holland. "We are willing to grant an easement but we are not willing to assume uncompensated risks to the rest of our property."
Holland and landowners in two other condemnation actions will be back before Judge Tom Rugg where he is expected to rule, after oral arguments, on TransCanada's request for a writ of possession. The landowners are objecting to possession of their property by TransCanada prior to resolution of several pending legal questions, not the least of which involves TransCanada's right to condemn and the values being placed on their properties.
In addition to concerns over landowner rights, community activists express concern for the aquifers which underlie the Keystone pipeline. These aquifers include the Carrizo-Wilcox, Yegua, and the Gulf Coast aquifer. Color maps will be provided.
Photo Ops: Press event with landowners, nonprofit, and municipal representatives
Visual of court proceeding.
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 TURF is a non-partisan, grassroots, all-volunteer group defending citizens' concerns with Agenda 21, toll road policy, public private partnerships, and eminent domain abuse. TURF promotes pro-taxpayer, pro-freedom, & non-toll transportation solutions. For more information or to support the work of TURF, please visit www.TexasTURF.org.
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