General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFarmer Won't Sell Family Farm So Enbridge Oil Is Suing
Hiding Behind the Marathon Connection
Every time that James Botsford answered the persistent ringing of the phone, he told the caller in no uncertain terms that he and his wife were not interested. Issue number one, he did not want to participate in a private enterprise that would increase global warming and threaten the lives of his heirs. This was a moral imperative and no amount of persuasion, including money, would make him change his mind.
The Lawsuit
The North Dakota Central Judicial Court Case 18-2014-CV-01058 filing by North Dakota Pipeline Company LLC, suggests James and Krista Botsford are screwed. NDPC claims a right to exercise power of eminent domain, and that it may enter and condemn the Botsford's land, use right of way, casements, and the property for the construction, maintenance, or authorization of the Sandpiper Pipeline.
The heart of the Botsford's legal response is the "Abusive overreach of the use of eminent domain by a (foreign) corporation for private gain," James Botsford says. "They want a 99 year lease that they get whether the pipeline is built or not and that they can sell to any other entity for any other purpose at any time in the 99 years. Eminent domain to take private property is supposed to be restricted to a particular public purpose."
The Sandpiper pipeline will run from North Dakota to Superior, Wisconsin, on the shore of Lake Superior. So, far, the only shippers disclosed by NDPC are Marathon Oil, a part owner of the project incorporated in Delaware, and Enerplus, a Colorado shipper. The Sandpiper is a conduit for money and there are no cash withdrawal machines for residents or landowners along the route in North Dakota.
Indians Jump State Lines and Join the War
Although over 700 landowners in North Dakota took the money, Botsford has found an unlikely group of supporters. He is not standing alone. Ironically, it may be a group of Native Americans who will ride to the support and rescue of a white farmer and his next of kin.
http://www.huffingtonpost.com/georgianne-nienaber/farmer-wont-sell-family-f_b_7960084.html
handmade34
(22,758 posts)Octafish
(55,745 posts)The crazy moron made some big bucks by fronting the Texas Rangers, which he found the money to buy into by dumping his HARKEN shares on inside information before the bottom fell out on the stock. Here's a nice overview from DU's friends at Online Journal on the Rangers. The second piece from CBS MarketWatch describes HARKEN and how Bush avoided prison. Last is a nice overview of how a drunken greedhead got the Curtis Mathes family kicked out of their own house and off their own property so a private baseball stadium could make more money off parking.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x3095970
central scrutinizer
(11,662 posts)But maybe they only want to face the jack-booted thugs of the federal government
1939
(1,683 posts)To prevent landowners from holding railroad construction hostage by demanding a ransom for their land which was needed to complete the railroad, legal precedents were established to allow "common carriers" to condemn land under the power of eminent domain as a part of their legislative charter..
fasttense
(17,301 posts)has been tried before. Check out the potato famine in Ireland for some of the same dirty tricks happening today.
1939
(1,683 posts)brought about corporatism, large stock markets, and other trappings of capitalism (and the abuses of the process which came with them), I doubt that any reasonable person could make light of the benefits brought to society and the economy by the rail network prior to the advent of the internal combustion engine.
It was only the steam railroad (and the steam riverboat) which allowed the Union to conquer and defeat the rebellious south. If no railroad, the union could not have maintained large enough armies in the field with logistics support (if they want indepedence, the south should have seceded in 1830 rather than 1860).
fasttense
(17,301 posts)Capitalism did NOT create the steam driven railway system in America anymore than it created money.
progressoid
(49,999 posts)Plucketeer
(12,882 posts)Home of the brave...... unless there's a buck to be had.
DirkGently
(12,151 posts)Of course, the U.S. Supreme Court has already blurred that line for us. But it was never the intention that eminent domain simply meant the government could collude with business to appropriate private property for business profits.
MBS
(9,688 posts)It's one thing if the gov. determined the land was needed for a highway, or national park, or reservoir, etc (even then, there should be public discussion and, where appropriate and possible, market-level compensation).
. . . but eminent domain for a private pipeline (especially, as in Nebraska, for a Canadian company)? or (New London, CT a few years ago) a private commercial development?
I don't get it. To me, it's an abuse of the concept.
packman
(16,296 posts)If it is in the area of "common good" (such as raising a new tax base- the powers to be will condemn your land. A while back a new shopping center off the highway was being purposed but the farmer family on land owned for time going back to THE Revolutionary War and George Washington's time refused to sell. Eminent domain was invoked for the mall would provide taxes for an area whose local one-horse towns could no longer - it was for the common good. About 5 small towns had their thumbs in that pie and a new , sparkling shopping mall was built.
Snobblevitch
(1,958 posts)the farmer is not being asked to sell his family farm. Enbridge wishes to put an underground pipeline across his property.
Sunlei
(22,651 posts)not even to mention the damages that can happen if the pipe leaks or explodes someday.
Snobblevitch
(1,958 posts)(It's my understanding this is a crude pipeline, so while any sort of leak is terrible, the chance of an explosion is extremely rare.)
The pipeline is underground and does not remove farmland from production.
I think Enbridge is also a Canadian firm.
Sunlei
(22,651 posts)through the ground, the joints of those lines seep a little too.
I hope the farmer can afford to drag eminent domain claim out in the courts for many, many years.
It is his right to contest everything in the offer, for his land through the courts. But that takes lots of money. The oil corp. could up the offer to a sum he won't refuse.
Snobblevitch
(1,958 posts)going across our property, including farmland.
INdemo
(6,994 posts)tangled up in this swindle. He is a big investor in swindles like this. (The "Swift Boat" sponsor)
Marathon Oil is his partner in crime on a lot of his ventures.
Enthusiast
(50,983 posts)Foreign corporations will run roughshod over the American citizen.