America's Next Eminent Domain Battle: the Keystone XL Pipeline

Although the Obama administration is still weighing whether to give the Keystone XL pipeline the necessary approvals to begin construction, the courts are already deciding that eminent domain can be used to secure access to private land.

1 minute read

July 30, 2012, 1:00 PM PDT

By Jonathan Nettler @nettsj


According to Steven Mufson, "the vast majority of landowners have signed agreements with TransCanada" to allow the Keystone XL pipeline to traverse their private lands on its route from Canada to the Gulf of Mexico. However, "where necessary, the Calgary, Alberta-based company is busy going to
state courts to exercise eminent domain and lining up rights to cross
properties throughout the Great Plains," reigniting "the emotional issue of eminent domain - the taking of private property for public use - all along its proposed route," writes Mufson.

With courts already siding with the pipeline owners, approval of the project by the federal government may clear any potential barriers to the widespread application of eminent domain. And, reportedly, TransCanada is using the threat of eminent domain to pressure landowners into reaching agreement with the company. 

Nevertheless, some landowners like John Harter, who view the project as driven by "greed, not need" continue to holdout. 

"'Negotiating with TransCanada having right of eminent domain is like
having somebody trying to rob you at gunpoint and arguing for your
billfold when there's nothing in it,' Harter said. When a company
representative threatened to use eminent domain, he recalled, 'I said,
‘I will not be bullied into signing.' "

Friday, July 27, 2012 in The Washington Post

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

April 16 - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

April 16 - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

April 16 - The New York Times