Nebraska Landowners Stop KXL Eminent Domain Proceedings

Landowners Request for Temporary Injunction Granted Against TransCanada

O’NEILL, Neb. – Nebraska State District Court Judge Mark Kozisek issued a Temporary Injunction today.  The Order halts condemnation cases along the proposed TransCanada Keystone Pipeline XL route in northern Nebraska.

The Order followed a hearing in District Court at O’Neill NE, at which, for the first time in Nebraska, the landowners’ lawyers squared off directly against lawyers for TransCanada.  In previous litigation, landowners were pitted against the State Attorney General.  The change came when the State Supreme Court was unable to decide the merits of constitutional issues about the law TransCanada must rely on to acquire land in Nebraska.

On January 16, 2015 landowners filed two lawsuits to halt TransCanada’s land acquisition.  Four days later, TransCanada filed about 90 eminent domain cases across Nebraska against landowners.

Judge Kozisek’s Temporary Injunction Order today halts this process in the northern counties involved in the case before him.

Dave Domina and Brian Jorde appeared in court for the landowners.  After the hearing, Domina said, “we have always known our constitutional law arguments are very strong.  The law holds things in their status quo until substantial issues like those we have raised are decided.  We expected the Temporary Injunction Order to be issued as it was.  In fact, as those in court could see, TransCanada recognized that the Temporary Injunction was a virtual certainty, and the Order was not contested seriously, today.”

Domina, Jorde and their landowner clients contend the Nebraska Legislature improperly empowered the State’s Governor, who has now left office, authority to give TransCanada a political favor.  The Legislature passed a law permitting bypass of the State’s Public Service Commission — the body required by the State Constitution to regulate common carriers, including pipelines.

The second case filed in January by landowners is in York County. A hearing will be held there on proceedings identical to those heard by Judge Kozisek.  Jorde said he thinks an Order like the one issued by Judge Kozisek is likely to be issued there.

Timeline of Key Legal Events & Links:

April 17, 2012: Governor Approves LB 1161

May 23, 2012: Domina Law files landowner lawsuit challenging LB 1161

January 23, 2013: Governor Heineman via LB 1161 Approves Pipeline Route

September 27, 2013: Trial held on Constitutionality of LB 1161

February 19, 2014: Landowners Win in District Court

February 19, 2014: Attorney General’s Office Files Notice of Appeal

September 5, 2014: Oral Arguments Held in Nebraska Supreme Court

Landowners Brief

January 9, 2015: Supreme Court Opinion

January 16, 2015: Landowners File 2 New Lawsuits Challenging LB1161

February 4, 2015: Landowners File Motion for Temporary Injunction Against


February 12, 2015: Hearing Held on Landowners Motion for Temporary

Injunction Preventing TransCanada from Exercising Eminent Domain