[moehoward]

You said "Keystone could be considered a public use because it is a common carrier, much like power lines are considered appropriate takings under the 5th Amendment"

The attorneys arguing FOR the actual pipeline disagree.

But that is irrelevant to the fact Cruz fought for the pipeline as a jobs program.

[vbmoneyspender]

You’re hanging your hate on the opinion of one deputy attorney general who doesn’t represent the pipeline. That is hardly conclusive. Maybe you might want to read the Reason article I posted earlier. It gives a fair summation of the both the pros and cons of arguing that Keystone is a proper subject of eminent domain.

[vbmoneyspender]

Though eminent domain statutes vary in each state, TransCanada seems to have made itself legally impenetrable in the half dozen states along the Keystone XL pipeline route by claiming "common carrier" status. . . .

Oil interests in Montana and Oklahoma have played the common carrier card to their advantage by forcing TransCanada to add on-ramps in those states so domestically harvested oil can be shipped along the Keystone XL. . . .

In Texas, it was the state's Railroad Commission that granted TransCanada common carrier status. Most landowners along the route in eastern Texas, assuming Keystone XL would be hauling conventional oil, were content to take the buyout offer.

[vbmoneyspender]

Also, hopefully you are aware that the Nebraska Supreme Court upheld the Keystone pipeline being run thru Nebraska.

The Keystone XL pipeline has a valid route through Nebraska.

The state Supreme Court on Friday cleared a clog in the path of the proposed crude oil pipeline, reversing a lower court decision that struck down the law that former Gov. Dave Heineman used to approve the project's route.

In a split vote, the high court vacated Lancaster County District Judge Stephanie Stacy’s decision that found the 2012 law (LB1161) unconstitutional.

The high court said the landowners who brought the lawsuit, represented by Omaha attorney Dave Domina, failed to convince a supermajority of the court they have standing to challenge the law -- allowing it to stand by default.