Kentucky Landowners Deal MotherFrackers a Setback

Do you like your backyard?  Do you prefer it not have a giant, ready-to-explode high-pressure pipeline full of toxic waste running through it? Then thank Kentuckians United to Restrain Eminent Domain (KURED), who just won a victory over the Bluegrass Pipeline terrorists.

Today, the Kentucky Court of Appeals upheld the Franklin Circuit Court ruling from last year that purveyors of fracking waste, oil, gas or anything else that is not a public utility cannot use eminent domain to force their way onto your land.

Renowned environmental attorney Tom Fitzgerald, representing KURED and Franklin County landowner Penny Greathouse, sued to stop the Bluegrass Pipeline from using the threat of eminent domain to terrify landowners from Pendleton County to Marion County into signing over their land for a toxic-waste pipeline.

Although the initial ruling by Franklin Circuit Judge Phillip Shepherd applied only to Franklin County, today's Court of Appeals decision applies throughout the Commonwealth.

That means that Kinder Morgan, which is trying to get federal approval to re-purpose a pipeline through east-central Kentucky to carry fracking waste, also cannot use eminent domain powers to force easements from landowners.

Bluegrass Partners, whose Bluegrass Pipeline project has been suspended for the last year, may still appeal to the state Supreme Court.

But meanwhile, this is a victory for genuine grassroots organizing and determination.  KURED members are not out-of-state groups or politicians or celebrities; they are the people whose land Bluegrass Partners threaten: retired people, farmers, women religious, young couples who started asking their neighbors about these strangers with the lying faces and the papers to sign.  They got together, educated themselves, found landowners threatened in other counties, stood together and shouted NO!

And won.

Judge: "Bluegrass cannot invoke the sovereign power of eminent domain to threaten or intimidate"

The pipeline company will appeal, of course, and corrupt state officials still have many ways to smooth the pipeline's path, but for the moment, individual rights trump corporate demands.

Jim Warren and Karla Ward at the Herald:

Bluegrass Pipeline Co. cannot use eminent domain to take private property for construction of a natural gas liquids pipeline through Kentucky, a Franklin Circuit judge ruled Tuesday.

Judge Phillip Shepherd held that the power of eminent domain is "an essential attribute of a sovereign government" that cannot be delegated to a private company such as Bluegrass Pipeline "without a clear legislative mandate that such a delegation is in the public interest."

"There has been no such clear and explicit delegation of this power to Bluegrass for its proposed ... pipeline," Shepherd wrote.

The ruling was a victory for Kentuckians United to Restrain Eminent Domain, or KURE, a citizens group that asked the court last year to clarify whether Bluegrass Pipeline had the power to use eminent domain.

Bluegrass Pipeline developers want to build a line to carry natural gas liquids across 13 Kentucky counties, but many citizens have opposed the project, saying it poses environmental and safety concerns. The flammable liquids are byproducts from natural gas refining processes that are used to make consumer products such as plastics and carpet.

Tom Droege, spokesman for the Bluegrass Pipeline project, said in a statement Tuesday afternoon that pipeline developers "disagree" with Shepherd's opinion and will "immediately appeal the decision."

The company has not attempted to use eminent domain to condemn property for the pipeline but has argued that it has the right to do so under Kentucky law.

Shepherd, however, rejected that claim.

"Bluegrass remains free to build its pipeline by acquiring easements from willing property owners," he wrote. "However, Bluegrass cannot invoke the sovereign power of eminent domain to threaten or intimidate, or even suggest to landowners who have no desire to sell, that Bluegrass has the right to take their property without their consent."

Shepherd added that "landowners who do not wish to sell, but who may be unable to finance a legal challenge, are entitled to know that the law does not support Bluegrass's assertion of the power of eminent domain."

Like the vote in the state house to restrict eminent domain, this decision is as pure a grassroots victory as you'll find today.   KURE was formed by landowners in Franklin County and elsewhere in the path of the proposed pipeline as well as neighboring residents and concerned citizens. KURE members and the broader opposition to the pipeline grew from an authentic grassroots movement in which so many Kentuckians have worked together to oppose the pipeline - without billionaire backing or celebrity spokespeople or top-down leadership.

Bluegrass Pipeline Loses in KY House; Fight Moves to Senate

This one was about as pure a grassroots victory as you'll see in this day and age.  Landowners and neighbors threatened by the pipeline lobbied their representatives day after day for the past two months, packing hearing rooms, making the case in private meetings, making hundreds of phone calls, spreading the word and never, never giving up.

And now they have to do it all over again for the state senate.

John Cheves at the Herald:

A bill that would prevent the controversial Bluegrass Pipeline from crossing private property against landowners' wishes was approved Friday by the state House by a 75-to-16 vote.

House Bill 31, which proceeds to the Senate, would specify that the owners of pipelines carrying natural gas liquids do not enjoy the same right to condemn land through the use of eminent domain as do the owners of public utilities and oil and natural gas pipelines.

The bill's sponsor, Rep. John Tilley, D-Hopkinsville, said he understood that the Bluegrass Pipeline's backers so far have secured 70 percent of the necessary Kentucky land through easement negotiations without having to invoke eminent domain, and the same is true for the entire Ohio segment of the pipeline, he said.

"House Bill 31 does not stop the Bluegrass Pipeline," said Rep. David Floyd, R-Bardstown, a co-sponsor of the bill. "It will still be built. They would just have to deal with the landowners from an equal position."

Floyd has to say that because the only argument that's going to work in the repug senate is "this bill isn't anti-pipeline, it's pro-private-property-rights."

The facts are:

• Even assuming that the company is telling the truth about having 70 percent of the easements it needs - and the company has been caught in multiple lies already - that last 30 percent includes the Bluegrass Blockade. In Anderson County and Franklin County, anti-pipeline landowners along the route have formed blockades of continguous property where they have rejected easements.  
• Without that blockade land, the company must change the route and seek easements from landowners who are now well-informed about the pipeline's dangers and the company's mendacity.
• Without the power of eminent domain to steal property from blockading landowners, the company is highly unlikely to get any more easements. 
• Williams Company and Bluegrass Partners are struggling to garner financial support from Wall Street, which is extremely skeptical about the project.

The Bluegrass Pipeline is not going to be built - unless the repug senate kills the eminent domain bill.

Call the legislative message line 1-800-372-7181 to tell the senate leadership and your state senator to support House Bill 31 to protect private property rights in Kentucky.

Bluegrass Pipeline Eminent Domain Vote This Week - Call Now to Save the Bluegrass

House Bill 31, the bill to prevent fracking waste pipeline promoters from using eminent domain to steal land from Central Kentuckians, is coming up for a vote in the General Assembly this week, possibly as early as today.

From pipeline opponents:

The (legislative) message center has been slammed with calls (last week) from people from all over the state supporting Keystone XL and Bluegrass Pipeline and the jobs it will bring.  They have been told that the Bluegrass Pipeline is part of Keystone XL.  Apparently the telemarketers generating these calls are also telling people that Obama has approved Keystone.  This is getting so ridiculously off base that it’s wasting state time and money:  I had to try to call four times today for my call to go through.

House Bill 31 is scheduled to be voted on by the full House this (week).  Everyone needs to call 1-800-372-7181 and 564-8100 and ask that all House members receive a message that House Bill 31 should be supported without any floor amendments (unless supported by the sponsor) and that this bill is about protecting landowners from the exercise of eminent domain by private companies and is NOT about jobs!

First Battle Won on Eminent Domain; Get Ready for the Next

It's still got to pass the full House, then the Senate, then the governor, and even then it just prevents the company from stealing land from people who oppose the pipeline.

But it's a real victory, and one we've got to build on.
 
Greg Kocher at the Herald:

In an 11-1 vote Wednesday, the House Judiciary Committee passed a committee substitute for House Bill 31 that prevents natural gas liquids pipelines such as the proposed Bluegrass Pipeline from invoking eminent domain.

The bill clarifies state law so that natural gas liquids — which Bluegrass Pipeline would carry through 13 Kentucky counties — would not be oil or gas products, so private land could not be seized through eminent domain to build its infrastructure. The bill's primary sponsor, Rep. John Tilley, D-Hopkinsville, is chairman of the House Judiciary Committee.

One lawmaker who spoke in support of the bill said it wouldn't block the pipeline.

"Any legislation we consider today is not going to kill Bluegrass Pipeline," said Rep. David Floyd, R-Bardstown. "They just won't be able to use eminent domain to condemn property from people who don't want it to be done."

Tom FitzGerald, a lawyer for the Kentucky Resources Council, said the bill sends a message that Bluegrass Pipeline must treat private landowners fairly.

"This is an issue that resonates all across the political spectrum," FitzGerald said. "People don't like to be pushed around. They don't like somebody saying, 'I want to voluntarily enter into partnership with you, but if you don't grant me what I want, I can take you to court and make you spend thousands of dollars you'll never see again just to vindicate your right to be left alone.'"

Asked about the bill's chances for passage in the full House and Senate, FitzGerald said it's easier to kill a bill than to pass one.

But he added: "We have felt across the board that legislators are keenly aware and keenly concerned that landowners need to be dealt with in a fair manner without this cloud of eminent domain hanging over their heads."

 Lots of work still ahead, so keep calling the Legislative Message Line1-800-372-7181 to tell your legislators and the leadership of both chambers to support House Bill 31 and Senate Bill 14. Call every day, and get your family, your friends, your coworkers and your neighbors to call, too. The company is pouring millions of dollars into its campaign of lies and intimidation; all we have is ourselves.  Call!

Call Now to Stop the Bluegrass Pipeline

From the Bluegrass Blockade:

YOUR HELP IS NEEDED NOW! This is a crucial time in the battle against the proposed Bluegrass hazardous liquids Pipeline that is being planned for Kentucky. We are the ones who have to stop it! It can not be constructed safely in Kentucky, especially in light of the recent Corvette Museum cave-in and explosion in Adair County. The entire state is a network of sinkholes, caves and underground streams-- it should be clear what would happen if a sinkhole opened under a hazardous liquids pipeline.  Further, there is no existing technology that can detect all leaks.  If and when this pipeline leaks, the Ohio, Kentucky, and Mississippi rivers will become contaminated.  Millions of people will be affected.

All that stands between the Bluegrass and this pipeline are the landowners who've refused easements thru their property. Bluegrass Pipeline developers say they have eminent domain rights to put the pipeline through and legislation is now being considered by Kentucky's state legislators that would clarify eminent domain law with respect to the Bluegrass Pipeline. The property rights of Kentuckians are at stake: eminent domain should only be invoked for public utilities or a project that is clearly for the public benefit. This project will not benefit Kentuckians. The Bluegrass Pipeline is not a utility and will carry natural gas liquids to the Gulf Coast for processing and export.

PLEASE HELP STOP THE PIPELINE by:

Calling the legislative hotline at 1-800-372-7181 and leaving a message for all state representatives and senators.

PLEASE CALL TODAY! Please ask for their support of House Bill 31 and Senate Bill 14. We need votes from every legislator in the state to pass the eminent domain bill.

Bluegrass Pipeline Down, But Not Out

Between explosions/sinkholes, Wall Street doubts and determined local opposition, the Bluegrass Pipeline has been badly battered this month.

But we're a long way from victory.  Especially if the eminent domain bills fail in the Kentucky General Assembly, the pipeline motherfuckers will be back, sneaking onto property and intimidating landowners under the radar after all the publicity dies down.

WKYT:

FRANKFORT, Ky. (WKYT/AP) - As landowners fight against a pipeline to pump natural gas liquids through Kentucky, the company behind the project announced it is being delayed.

In a 2013 earnings report released Wednesday, energy company Williams Partners LP said the controversial project's completion would be a year later than originally planned.

"In our NGL & Petchem Services business, we are moving the target in-service timing of the joint-venture Bluegrass Pipeline project to mid-to-late 2016 to better align with the needs of producers," said Alan Armstrong, Williams' president and chief executive officer. "We continue to engage in ongoing discussions with potential customers regarding commitments to this large-scale, integrated solution that connects Marcellus-Utica natural gas liquids to diverse domestic markets, fractionation, storage and export facilities in the Gulf Coast."

The announcement came the same say a bill that would protect landowners from having their land seized for a pipeline to pump natural gas liquids has received its first committee hearing at the state capitol.

There was no vote in that committee hearing, and legislative comments overheard by attendees implied that  the strategy of pro-pipeline legislators is to delay the vote until late in the session when Governor Beshear can veto the bill too late for an override. However, Governor Beshear announced that he supports the legislation.

See the video of the committee hearing here.

 

Herald coverage here.

Kentuckians File Suit to Stop Pipeline Eminent Domain

Bluegrass Pipeline Partners are lying and conning and defrauding Kentucky landowners by pretending that their toxic waste pipeline qualifies as a "public utility" under Kentucky law.

Some landowners - out of desperation or ignorance or greed - are gladly taking thousands of dollars from this Texas company for easements. But others are signing after company intimidation, out of fear that eminent domain will take their land and give them nothing. 

So the landowners who don't want to sell their birthright to these polluters are asking the court to declare the pipeline unqualified for eminent domain.

From the press release:

Eminent Domain Use for Hazardous Liquids Pipeline Challenged

The claim by developers of a proposed hazardous liquids pipeline that they have the power of eminent domain was challenged today in Franklin Circuit Court.

The action was taken by Kentuckians United to Restrain Eminent Domain (KURE), a new nonprofit organization formed “to protect Kentuckians from the threat of and attempts to exercise eminent domain by entities not in public service to Kentuckians.”

“The purpose of the lawsuit is to clarify as to whether a private company has the right to condemn land, to force someone to sell them an easement if they don’t want to,” said Penny Greathouse, a Franklin County landowner and founding KURE board member.

"Kentucky families' and farmers' homes and land represent the most important investment in their lives and are the legacy we want to leave to our children,” said Corlia Logsdon, a Woodford County landowner who also has been approached by pipeline developers. “Citizens deserve protection from the threat of condemnation from private companies that are not in service to Kentuckians."

Although pipeline developers have not yet tried to condemn any property, landowners say their claim that they have the power under Kentucky law puts unwarranted pressure on them to sell easements.

“I don’t want to be put in a position where I have to make a decision because I’m afraid they are going to take my land,” explained Greathouse, who has a 700-acre cattle farm. “I want to be able to deal with them without that hanging over my head.

“They first called us in April and they said it was a natural gas pipeline. When we found out about the natural gas liquids, we rescinded permission to survey,” Greathouse added. “They still have come back and talked to us four or five times.

“They guy who talked to me said they did have eminent domain. All the public meetings we’ve been to that Bluegrass Pipeline has been involved with, they definitely said they have eminent domain power,” she continued. “We went door to door to talk to our neighbors, and people said they believe the company has eminent domain and can come anyway. It’s almost like a bullying tactic.”

Several lawyers familiar with eminent domain laws in Kentucky, including Attorney General Jack Conway, believe the proposed pipeline project does not qualify for eminent domain authority under Kentucky law. But there has been no definitive ruling by Kentucky courts to clarify state statutes.

The lawsuit asks the court to make such a ruling.

Specifically, the plaintiffs ask the court to, “Determine and declare that Bluegrass Pipeline LLC does not possess any power or authority under the laws of the Commonwealth of Kentucky to utilize eminent domain in support of the proposed Bluegrass NGL Pipeline project …”

“Declaratory relief is appropriate in this case … since the requested declaration of rights will terminate the uncertainty and controversy that exists in this situation,” the lawsuit states. “[A] declaration of rights would afford ‘relief from uncertainty and insecurity with respect to rights, duties and relations’ as between KURE and its members, and Bluegrass Pipeline Company LLC.”

“Many Kentuckians report they are being misled and feel threatened. Some have sold easements at less than what they are worth because of this,” said Logsdon, also a founding KURE board member. “Kentuckians need and deserve protection now because we are facing threats now."

KURE argues that the hazardous liquids pipeline does not qualify for eminent domain because it “is not a public utility regulated by the Kentucky Public Service Commission pursuant to KRS Chapter 278, and thus is not ‘in public service,’” as required in state law.

Additionally, the project would not meet the “public use” and “public consumption” requirements defined in state law.

“The Bluegrass Pipeline project will not be receiving, transporting, or delivering oil or natural gas ‘for public consumption’ as that term is used in the statute, since the transportation of the natural gas liquids is for a limited customer base to which the natural gas liquids will be delivered or sold after being processed by the joint venture in Louisiana, and because the unfractionated natural gas liquids would be transported through the Commonwealth and are not intended to serve or be used by Kentucky consumers,” according to the court filing.

“There is no source of authority under Kentucky law granting eminent domain authority to the Bluegrass Pipeline Company LLC for the proposed Bluegrass NGL Pipeline project.”

KURE is represented by Tom FitzGerald with the Kentucky Resources Council.

Fighting the Bluegrass Pipeline: One Couple's Story

And they're not alone.

From WDRB:

Worry and even fear continue over the plans to build a pipeline through parts of central Kentucky.

Bob and Deb Pekny live in a peaceful and remote area of Woodford County along the Kentucky River, about five miles upstream from the Kentucky State Capitol building.

But they are afraid that their peace and quiet will someday be disturbed.  "To have something this dangerous come to the neighborhood is mind blowing, I don't know how this can happen," says Bob Pekny.

The couple is concerned about the plans to build a 150 mile pipeline through the state that will run just a half mile down the road from where they live.

The pipeline will carry natural gas liquids.

"If there is an explosion," says Bob Pekny, "there is an excellent chance that this entire community down here on the river will be destroyed."

Last week Bob attended a rally at the state Capitol building in Frankfort opposing the pipeline.  But Debi Pekny stayed away.  "I have not slept through the night since this whole mess started," she says.

Two energy infrastructure companies, Williams and Boardwalk want to build the pipeline.  They say it will be safe and that residents should not be worried.

But the Peknys disagree:  "I went from being concerned, to worried, to scared out of my mind, and now my fear has fueled my anger."

The couple is part of a growing grass roots effort to stop the pipeline.  They would like state government and local governments to step in and help.

But the pipeline company is threatening the power of eminent domain.

For Bob and Deb Pekny, the fight has just begun. 'We will keep working until there is some satisfactory resolution," says Deb Pekny.

 Find out more at http://stopbluegrasspipeline.us