Texas Man Takes Last Stand Against Keystone XL Pipeline

npr ^ | December 25, 2012 | Elizabeth Shogren

[Colonel Kangaroo]

David Daniel, an east Texas landowner, was so determined to block the Keystone XL pipeline from coming through his forest that he built an elaborate network of treehouses eight stories above the ground.

It popped into my head a long time ago, actually," says 45-year-old David Daniel. "If I had to climb my butt on top of a tree and sit there, I would. It started with that."

...Staging A Tree-sit

For 80 days, a couple dozen protesters took turns living up in Daniel's treehouses. Some wore masks to hide their identities. TransCanada, in a lawsuit it filed against the protesters, calls them eco-terrorists and put 24-hour security guards around its pipeline route to protect its equipment.

Grace Cagle, a protester with the Tar Sands Blockade, has spent a total of 17 days up in the trees.

[Borax Queen]

I’m too afraid of heights like that, but those swings look like fun. I could knock over a shark....

[Rebelbase]

This is nothing a CAT D9 can’t fix.

[Theoria]

Obviously, our Gov't from the R's and D's have decided its easier and better to use our troops to die and protect Middle Eastern oil than to domestically drill. Money talks.

Secondly, since its a world market, the Saudis or whoever can drill less and make more. Nice little cartel they have.

[Darksheare]

You like the picture of it?
Smug smirk, tree danglng.
And he doesn’t have to worry about grizzlies playing “Bat the dangly” there.
Hopefully he has other nasty things to worry about.
Foraging fire ants maybe.
Or mayhap he’ll find a nest of killer bees.

[Darksheare]

Yeah, it does look like fun.
Maybe a nice hunting platform.
Or maybe “Paintball Doom From Above” on some unuspecting tree hugger.

[dragnet2]

The more idiots exporting themselves out of here into your backyard, the better for CA.

Lets hope the trend continues.

[1rudeboy]

I would’ve expected keyboard conservatives to read the darn article, first.

[Colonel Kangaroo]

Yes, for true energy independence, we need a major attitude change in the bipartisan elite consensus.

[Baynative]

If he bought the property with recorded easements he has no ground to stand on. (no pun intended)

If the land is his and is unencumbered, he had the right to take up arms and defend his castle.

[Milton Miteybad]

From the article: “TransCanada’s lawsuit suggests the company might seek up to $500,000 in damages.

That knocked the fight out of Daniel. He and TransCanada struck an agreement, which neither Daniel nor the company will discuss.”

As a fella said, “Follow the money.”

I suspect his “noble” resistance hinged on how much money he could extract from TransCanada.

NOTE: (Milton Miteybad has negotiated any number of pipeline and fiber optic easements in the past.)

The article mentions that TransCanada wanted to enlist the assistance of the county sheriff to lawfully gain access to "the easement." Apparently there was an easement in place; otherwise there would be no basis for any enforcement action on the part of the sheriff. It is my guess that the previous owner of Daniel's tract granted an easement to TransCanada, then sold the tract to Daniel. Nothing illegal about that, as long as the purchaser (Daniel) was made aware of the existence of the easement at the time of sale.

Either Daniel failed to comprehend that his 20 acres was subject to an easement, or he decided that it made no difference to him, and he wanted to buy the land anyway. No matter; he apparently acquired it subject to the TransCanada easement.

This is why TransCanada went to the sheriff seeking relief. "We have a right to be there, Sheriff," TransCanada was saying. "The previous owner sold us a valid and subsisting pipeline easement, and we need to get onto this property for the purpose of enjoying the rights the previous owner sold to us."

So, you're entirely correct in your assessment that Mr. Daniel was moved by a bit of monetary motivation, which is a fairly common tactic in situations like this. The pipeline operator usually gives the recalcitrant surface owner a choice: "Either we sue you for $500,000 for unlawfully interfering with our exercise of our legal rights, or we can pay you $50,000 to stand aside and let us do our business. If you choose the first option, you will lose, and you'll get to pay everybody's legal costs, too. If you choose the second, we all win. Which will it be, Mr. Daniel?"

Only the real hardheads are going to choose Option No. 1. But there's always one or two who do. ;-)

[Borax Queen]

Hah! Total Paintball Doom.....

I barely passed my Ropes Course way back when -—————— the last part about killed me (having to get on a tiny platform, 30 feet in the air, then jump onto a swing and swing down), but by golly, I’ll go play on the ecoterrorists’ ones. I can spray paint Shark’s giant hummer too, from up there. And shoot out all his incandescent light bulbs.

[Borax Queen]

Hah! Total Paintball Doom.....

I barely passed my Ropes Course way back when -—————— the last part about killed me (having to get on a tiny platform, 30 feet in the air, then jump onto a swing and swing down), but by golly, I’ll go play on the ecoterrorists’ ones. I can spray paint Shark’s giant hummer too, from up there. And shoot out all his incandescent light bulbs.

[X-spurt]

Never heard of a single pipeline being stopped in Texas, Courts won’t do it.

Pipelines are a fact of life in East Texas.

[fella]

Some wore masks to hide their identities.

Criminals and terrorists the world over use masks to hide their identity until they shead the last shreds of their conscience.

[Theoria]

In Texas, all land is subject to a easement for the public good.

Mr. Daniel signed the easement. He tried to renig, it failed, and came to agreement with TransCanda.

Prior to his easement with TransCanada. They went onto his property without his permission. Then threatened him with eminent domain. Nice.

The only 'complaints' I have is they shouldn't have trespassed initially, secondly, world markets are not valid use of a public easement or eminent domain.

[familyop]

David, get out of the way, NIMBY! Moooooove. Railroads and pipelines must go through. Mining and drilling must happen. Property rights means getting paid enough for easements and doing whatever you want to do on your own property—not stopping real progress.

David, build something, and don’t stand in anyone else’s way. That’s real conservatism. Build a wind turbine for the other neighbors to whine about. Build something that no one can identify. Put door-less refrigerator in the front yard as an ornament. Just build something, and shut up.

[BfloGuy]

Why....I thought all the keyboard conservatives would be supportive of a citizen's right to decide how and who uses his property.

"Keyboard conservatives." Good one.

But that was my first thought, too. I can support a pipeline without necessarily having to give up my property to do so. Now, maybe the guy's an environmentalist whacko; but they have property rights, too.

[Milton Miteybad]

The Keystone pipeline is an interstate common carrier, and would have that status whether it also crossed an international boundary or not. As a common carrier, it would have powers of eminent domain for siting and construction, and Mr. Daniel needed to be made aware of that. You're not threatening anybody if you tell them that the pipeline company is going to get their easement one way or another, via eminent domain or otherwise. You're setting out a set of facts that the surface owner needs to have.

As it happened, TransCanada got their easement, and Daniel got some more of TransCanada's money. Everybody went home happy, and nobody got sued or shot. Couldn't have worked out better. ;-)

[Chief901]

One guy in a tree-house, its’ not like he is an endangered spotted owl. Clear the construction path and keep on building.

[kcvl]

“Daniel didn’t have any money to fight in the courts. But he did have skills very few people have. He used to work for the circus and often rigged the high-wire that he’d ride a motorcycle across and the 50-foot-high platform he’d jump from after lighting himself on fire.”