Lamar County Judge Harris Rules by IPhone — TransCanada Can Take Our Land!
Lamar County Judge Bill Harris really took the cake yesterday evening. His 15 word ruling, sent via his iPhone (and likely blind copied to a member of the media), granted TransCanada summary judgement. Yes, according to Harris, TransCanada can come on in and take Julia Trigg Crawford and fame’s land.
For your information, we kept our mouths shut on how we were treated in his courtroom two weeks ago. We didn’t want to hurt Julia’s case. But now we can tell you he treated us like naughty children, made no provisions for seating — many of us had to sit on the floor. He threatened us numerous times for merely moving in and out of the courtroom. And, more importantly, he carefully ridiculed Julia Trigg Crawford for being an “activist.”
We hope this case isn’t the end of this fight. But that is up to a lot of people, including many Texans, who have had enough of the lack of balance between property owners and the pipeline industry — and the yahoos who are running this state. I’m talking about the Governor and the Railroad Commission, who have yet to mention anything about the fact that this pipeline will cross the great Carrizo-Wilcox Aquifer that serves 12 million people.
Our resources — land and water — are precious. We need to make the politician’s pay the price for what they are doing to Texas and Texans.
Therefore, we ask that you call your State representative RIGHT NOW and let them know that you have a problem with the State of Texas leaving land owners and aquifers unprotected. Tell them you won’t stand for them staying quiet on this issue and that you’re not going away. Find out who represents you here: http://www.fyi.legis.state.tx.us/.
Linda Curtis Independent Texans
PS Those of you who live in central Texas, be aware that Rep. Tim Kleinschmidt may be your State Representative. He is Vice-Chair of the Land and Resource Management Committee that has held one hearing so far on eminent domain abuse. He wasn’t friendly to landowners, so call him!
For Immediate Release Contacts: Debra Medina, We Texans, 512.663.8401, Terri Hall, TURF, 210.275.0640, Linda Curtis, Independent Texans, 512.657.2089, Jessica Ellison, Texans for Accountable Government, 512.653.9179,
Ruling on Keystone XL pipeline Texas Landowner Julia Trigg Crawford and other landowners lose major battle to protect themselves from takings of Private Property by Foreign companies Reaction from former Gubernatorial Candidate Debra Medina and Statewide Groups As Canadian Company Prepares To Begin Pipeline Construction (Paris, Texas ) A judge today ruled in favor of the controversial Keytone XL pipeline, allowing them to act as common carrier and giving them to right to condemn land for use as a pipeline.
“Since the Texas Railroad Commission determined way back in 2008 that it had no jurisdiction over TransCanada’s interstate pipeline, it simply defies logic that TransCanada is allowed to take private citizens’ land under a Texas law that requires a pipeline operator to subject itself to the Commission’s juridsiction,” said Wendi Hammond, attorney for landowner. “The Texas Supreme Court has repeatedly held that if there is an incident of doubt regarding the power of eminient domain authority, then a court must rule in favor of the landowner. Unfortunately, this judge failed to do so.” Wendi Hammond, the attorney for the landowner
“Judge’s Harris disappointing decision today further highlights the vulnerable and precarious position that Texas landowners are in” said Debra Medina, former Republican candidate for Governor “ These cases are often argued in county courts poorly equipped to assess such weighty legal questions. These courts lack the resources to properly consider the complex and voluminous evidence assembled by multibillion dollar corporations.”
“These are pipelines carrying poisons, not for oil independence in our country, but for export, from a foreign land, through our pipelines, to a port that’s going to ship them to foreign lands. These aren’t common carriers for the common good of Texans — this is a pipeline designed to speed oil through Texas,. There are no on or off ramps to this pipeline in Texas and as a result it should not have been permitted to use eminent domain to condemn Texans lands .” Said Tom “Smitty” Smith of Public Citizen
“The Texas Supreme Court was clear in Denbury that private companies have to prove their project qualifies as a true ‘public use’ before it can exercise eminent domain. We’re disappointed in the Judge’s decision, but we’re confident that the Crawford’s will eventually prevail. This decision puts the onus on the Texas legislature to remedy the outrageous eminent domain abuse taking place in our state, ” said Terri Hall, Director of Texans Uniting for Reform and Freedom. “The time for talk is over. Texans are losing their land because of poor oversight and the legislature’s refusal to address the heart of the problem. Texans aren’t going to accept the crumbs we’ve been handed, cloaked as eminent domain reform. It’s time to get serious before irreparable harm is needlessly inflicted upon Texans.”
Recently, the Texas House Land and Resource Management Committee met at the Capitol to hear invited testimony from Crawford and other interested parties regarding the dilemma of industries self-proclaiming they are common carriers with no review from any state agency as to whether a company is truly a common carrier or not. The House Energy Management Committee has also held hearing on pipeline safety issues.
Linda Curtis, director of Indy Texans. Noted, “Ms. Crawford’s case is emblematic of the continuing struggle of Texas landowners being tread upon by a private company taking land for private use, and foreign profit. TransCanada has yet to provide any evidence that they have the legal authority to seize property in Texas”
” TransCanada used the Commission’s T-4 permit as an authorization to take Texans land for a private for-profit, foreign pipeline project. There was no vetting or review by the Commission of a pipeline company’s self-designation as a common carrier. The commission says that it has no control over eminent domain. The legislature needs to fix this mess and assure that landowners rights and the environment are protected. ” said Chris Wynnyk Wilson of the Stop Tar Sands Oil Pipelines ( STOP)