SD Watch Exclusive on Transcanada Condemnation Push

SD Watch reports weird technical difficulties. While Mr. Epp wrestles with gremlins, below is the full SD Watch article cited in an earlier post on this important issue, copied from the RSS feed: Todd Epp, "TransCanada Condemnation Confirmation," SD Watch and Epp Law Report, 2007.09.26]

TransCanada Condemnation Confirmation

I have received confirmation from one condemnee that they have been served condemnation papers from TransCanada for the oil pipeline. I am keeping their name anonymous:

We are one of the farmers that have been served papers by TransCanada. There were 9 landowners listed on those papers that received summons at that time. I understand that they have sent out more of the leading letters to other landowners. They are given from Sept 24th through the 30th to sign. Otherwise, condemnation will be started on them also. That is the way ours started only last month.

We have until next week to answer their summons. They say they have negotiated with us. They came to our farm and told us to take what they offered or get nothing. Anyone has tried to work with the easement has been told that they can do nothing to change it. We only get what they have offered and nothing else.

The lawyer in me wonders how TransCanada can utilize the state’s condemnation statute for common carriers without the pipeline project being approved first by the SD PUC. Seems like putting the refined product before the oil well to me.

If anyone has the answer to that one, let me know.

And my thanks to the correspondent who emailed me with the update.

Wed, 26 Sep 2007 21:00:26 +0000

I have received confirmation from one condemnee that they have been served condemnation papers from TransCanada for the oil pipeline. I am keeping their name anonymous:

We are one of the farmers that have been served papers by TransCanada. There were 9 landowners listed on those papers that received summons at that time. I understand that they have sent out more of the leading letters to other landowners. They are given from Sept 24th through the 30th to sign. Otherwise, condemnation will be started on them also. That is the way ours started only last month.

We have until next week to answer their summons. They say they have negotiated with us. They came to our farm and told us to take what they offered or get nothing. Anyone has tried to work with the easement has been told that they can do nothing to change it. We only get what they have offered and nothing else.

The lawyer in me wonders how TransCanada can utilize the state’s condemnation statute for common carriers without the pipeline project being approved first by the SD PUC. Seems like putting the refined product before the oil well to me.

If anyone has the answer to that one, let me know.

And my thanks to the correspondent who emailed me with the update.