Texas Supremes Order TransCanada Respond to Landowner, Julia Trigg Crawford!

Even the bovines and equines get it —
No Eminent Domain for Private Gain!

 

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This media release just went out to over 1,000 media outlets throughout Texas about Julia Trigg Crawford’s important appeal to the Texas Supreme Court.  Please share this as you wish by sharing this from our web blog or just copy it and paste it into an email.

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For Immediate Release: Jan. 8, 2014
Contact: Julia Trigg Crawford, 713-443-8789

Texas’s Highest Court Favors Texas Landowner
Over Foreign Pipeline Giant TransCanada

AUSTIN, TX – The Texas Supreme Court ruled in favor of landowner Julia Trigg Crawford, ordering TransCanada to submit information by Feb. 6 as the justices weigh arguments to hear the case regarding eminent domain abuse.

Texas’s highest court delivered a clear victory for pipeline opponents and landowners fighting TransCanada’s overreach on property rights. At the heart of Crawford’s case is the ability of TransCanada, a foreign corporation, to use eminent domain under the state’s “common carrier” clause since their pipeline transports 90% Canadian tarsands and 10% North Dakota oil. There is no on ramp for Texas oil therefore violating the definition of a common carrier under Texas law.

Crawford said she looks forward to her family’s day in court, “As a landowner, property rights are key to my livelihood and family legacy. A foreign corporation pumping foreign oil simply does not qualify as a common carrier under Texas law. TransCanada does not get to write their own rules. I look forward to the Supreme Court hearing our case and our plea to protect the fundamental rights of property owners.”

The ruling on Wednesday from the Texas Supreme Court means that Crawford will be able to take the next step in the appeals process against TransCanada. The southern segment, also known as Gulf Coast Segment, stretches from Cushing, Oklahoma to Beaumont, Texas and carries tarsands or dilbit which is a combination of tarsands and chemicals that react very differently than conventional Texas oil when spills occur.

“We’re thrilled, because the a court has finally ruled in favor of us – the little guys – and against a foreign oil giant,” Julia Trigg Crawford continued. “Basically, TransCanada said that it wanted a waiver from responding to our petition, and the Supreme Court said, ‘No, you must respond’.”

Crawford says her case has broad implications, because if she wins, TransCanada and other foreign oil companies will no longer be able to use eminent domain to seize land for their private profit without direct proof their pipeline is carrying Texan oil.

More Info:

TX Supreme Court Ruling: http://www.scribd.com/doc/197429631/Texas-Supreme-Court-Ruling-in-Favor-of-Landowner

Pictures of Julia Trigg Crawford: http://www.standtallwithjulia.com


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9 Responses to “Texas Supremes Order TransCanada Respond to Landowner, Julia Trigg Crawford!”

  • Joan Hardy:

    Congratulations! This is certainly a heartening turn of events. We are standing with you on you fight.

  • Well done Julia et al:

    Texans will flock to this cause, because you established the Point. Stand Your Ground!

  • Jack Elton:

    I’m sure you know but the tar sand oil will be sent to Port Arthur, Motiva (saudi ariba) owned(old Texaco)and Total refiners (France owned)….That have been loading up With finnished gasoline and disel fuel shipping out…There will be more and more demand here for higer prices.While polluting here with the nasty stuff sorry for miss spelling

  • ljcurtis:

    Thanks for chiming in Jack. The industry is stinking rich but they can’t seem to reap enough profits while they offload their nasty stuff on the land, people and wildlife. People who work in the rail industry have begun calling the trains that are carrying this stuff “train bombs”.

    We all need to step up and stand tall like Julia…and we will!

    Keep the faith!

  • Adrian F. Van Dellen:

    Very goof news for Julia and all land owners! Indeed I believe all Texans, for this is a good case (so far!) that may once again establish that agencies are subordinate to the people — they work for US; pay attention RR Commissioners!

    Thanks for the rapid message, Linda.

    Adrian

  • I never understood eminent domain in this case. I rarely see where government correctly uses it. After all the 14th Amendment of the Constitution says, “No State shall make or enforce any law which shall abridge the privileges … of citizens … nor … deprive any person of life, liberty, or property, without due process of law; nor deny … the equal protection of the laws.”

    In this case, TransCanada tried to take land without even due process.

  • ljcurtis:

    Yes and I think that it is also a problem with the laws — landowners get no hearing until a condemnation has already taken place! To boot, with TransCanada, they are a foreign corporation running tar sands crude through the state from out of state with no on or off ramps. Some people think this disqualifies them as a common carrier — the necessary designation for getting the power of eminent domain. At least, that’s my layperson’s crude (pun intended) understanding of the law.

    Stay tuned!

    Linda Curtis

  • The abuse of claiming eminent domain under the fiction of being a “common carrier” is something that the Greater Edwards Aquifer Alliance has been fighting on behalf of our members since our founding in 2004. We applaud the efforts of the Crawfords and stand ready to support them as needed.

  • […] been battling TransCanada in the courts over eminent domain abuse for more than three years. The Texas Supreme Court recently ruled in Julia Trigg’s favor, ordering TransCanada to respond to her appeal by Feb. 6 as the justices weigh arguments to hear […]

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