Judge OKs Eminent Domain for TransCanada Profits

My heart sinks to hear on SDPB (and read on KELO) that Judge Jack Von Wald has approved TransCanada's use of eminent domain to claim South Dakota land for the Keystone pipeline:

Judge Jack Von Wald says the Canadian firm has proved that the pipeline is a public use, citing increased demand for oil in the U.S.

He further ruled that TransCanada did not engage in fraud or bad faith in dealings with landowners ["Judge Favors Eminent Domain for Pipeline," AP via KELO, 2008.05.15].

Evidently "public use" now means "making money off something people want to buy a lot of." Expect Apple to show up soon to eminent domain land for an iPod factory.

Scott Waltman gives more details of the ruling in the Aberdeen American News. Judge Von Wald finds that TransCanada is a "common carrier," and the Supreme Court gives "great latitude" to businesses (apparently even foreign businesses) to condemn land.

We see here a continuation of the dangerous precedent set in Kelo v. New London (2005) , in which the U.S. Supreme Court held that local governments can use eminent domain for economic development purposes. Judge Von Wald's decision appears to uphold the idea that if someone can make money off your land, you're S.O.L. if you want to keep your land to yourself. Your property rights end where Big Oil's -- Big Foreign Oil's -- desire for profit begins.

Trials to determine the value of the easements begin June 9. My condolences to Marshall County and other landowners along the coming petrochemical superhighway through our farms and wetlands.