Keystone XL Pipeline landowners argue Transcanada should pay leg - News, Weather and Sports for Lincoln, NE; KLKNTV.com

Keystone XL Pipeline landowners argue Transcanada should pay legal fees

Posted: Updated:

Posted By: Bayley Bischof Channel 8 Eyewitness News 

The Nebraska Supreme Court heard from Transcanada and landowners in a case that goes back to 2015.

When Transcanada tried to file for eminent domain for 71 landowners, those land owners lawyered up, costing 354 thousand dollars.

Then, because of legal issues including being denied eminent domain, Transcanada ended up dropping those cases, and filing an application with the public service commission instead.

Now, landowners are saying Transcanada needs to pay for the cases the company *voluntarily dismissed.

Jim powers, the lawyer for Transcanada had two arguments against this.

First, the landowners should provide live testimony instead of written affidavits, and that the law firm never provided evidence of a payment agreement including an hourly rate the lawyer would charge.

"It doesn't define exactly what that agreement was at the outset. They say they may owe it, but what do they owe? What was the agreement when they started, what was the rate,” Jim Powers, Transcanada’s Lawyer said.

Dave Domina, the lawyer for the landowners says there never was an agreed upon hourly rate. But that's not required by law, and the landowners understood they were to pay for the lawyer's services.

He also said that using affidavits as evidence is the long–standing precedent in the Supreme Court.

"There's an unbroken line of precedence in statehood that says that's the correct way to do it, that's how it was done here, I think the court will have no trouble with that,” Dave Domina, Lawyer for Landowners said.

The landowners who each have more than $8,000 to pay in a case Transcanada dismissed say they don't have the extra money.

"We aren't rich people. None of us are rich and we all have other obligations and we try to make a living and for us farming and ranching right now it's difficult out there in rural America, rural Nebraska,” Art Tanderup, a landowner said.

Powers had no comment on how the proceedings went.

The Supreme Court will announce a decision in the coming months.

Transcanada and the landowners will be back in front of the Supreme Court later this year to figure out if Transcanada can move forward with the route the public service commission approved.

  • Most Popular StoriesMost Popular StoriesMore>>

  • 11 dead and five still missing after Missouri tour boat capsizes

    UPDATE: 17 dead after Missouri tour boat capsizes

    UPDATE: 17 dead after Missouri tour boat capsizes

    At 6:30 p.m. Thursday evening, a severe thunderstorm warning was issued for the Branson, Missouri area. 30 minutes later, Table Rock Lake turned into a tumultuous nightmare. 

    More >>

    At 6:30 p.m. Thursday evening, a severe thunderstorm warning was issued for the Branson, Missouri area. 30 minutes later, Table Rock Lake turned into a tumultuous nightmare. 

    More >>
  • Lincoln Police investigating shooting and attempted robbery

    Lincoln Police say pregnant woman shot during attempted robbery

    Lincoln Police say pregnant woman shot during attempted robbery

    Lincoln Police say a pregnant woman was shot in the Belmont neighborhood around 1 a.m. during an attempted armed robbery. 

    More >>

    Lincoln Police say a pregnant woman was shot in the Belmont neighborhood around 1 a.m. during an attempted armed robbery. 

    More >>
  • Nebraska State Patrol releases dashcam footage of accident

    Nebraska State Patrol releases dashcam footage of accident

    Nebraska State Patrol releases dashcam footage of accident

    A close call caught on a state trooper's dashcam. Take a look, a trooper comes up to a bridge on Highway 34 in southwest Nebraska. At the same time, a semi comes the other way. That semi crossed over the center line, poised for a head-on crash, but the trooper, quick thinking, swerved to avoid him. He was still side-swiped, but the trooper suffered only minor injuries. The semi driver went to the hospital. This is the third crash involving a state patrol car in the past week. A...More >>
    A close call caught on a state trooper's dashcam. Take a look, a trooper comes up to a bridge on Highway 34 in southwest Nebraska. At the same time, a semi comes the other way. That semi crossed over the center line, poised for a head-on crash, but the trooper, quick thinking, swerved to avoid him. He was still side-swiped, but the trooper suffered only minor injuries. The semi driver went to the hospital. This is the third crash involving a state patrol car in the past week. A...More >>
Powered by Frankly
All content © Copyright 2000 - 2018 KLKN. All Rights Reserved.
For more information on this site, please read our Privacy Policy, and Terms of Service, and Ad Choices.