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148588 tn?1465778809

Eminent Domain & Ex-Governors

http://m.mrt.com/news/article_1ca21b56-e18f-11e4-812f-b31322b520f9.html?mode=jqm

"......The Trans-Pecos Pipeline is to be built for the Mexican Federal Electricity Commission (CFE) to deliver up to 1.4 billion cubic feet of Permian Basin natural gas a day, enough to meet all of San Antonio’s natural gas needs for a week.

From the border, the gas will be piped inland to the Laguna region, including Torreón, for power generation and industrial use, according to the CFE.

Although the exact route across the Big Bend remains undisclosed, the pipeline would start at a large hub in Waha, near Coyanosa, run south between Alpine and Marfa toward Presidio, and connect near Ojinaga, Mexico, with a large pipeline on the Mexican side.

If all goes well for the operators, gas will be flowing south into Mexico by 2017.

In January, a consortium including Carso, a company owned by Carlos Slim, the richest man in Mexico, and Energy Transfer Partners, led by CEO Kelcy Warren, who Forbes says is worth $6.7 billion, won the construction contract with CFE with a bid of $767 million.

The consortium, called Trans-Pecos Pipeline Ltd, will own the pipeline, just one component of an extensive modernization of Mexico’s energy systems. The country is creating a national gas pipeline system and wants to increase the use of natural gas instead of coal in electric plants.

Energy Transfer spokeswoman Lisa Dillinger said construction is expected to begin later this year or early in 2016.

In a fact sheet issued last week, Energy Transfer said the pipeline will provide millions of dollars of financial benefits to local communities in construction jobs, goods and services and taxes.

Landowners will be compensated for easements along the pipeline, which will follow existing power lines and railroads where feasible., according to the sheet.

The company further said that safety is its top priority, and that all federal standards will be met. The pipeline will be regularly inspected and safety sensors along the line will warn of any problems.

The company said the pipeline will be constantly monitored for flow pressures by a remote Gas Control Center, and can be shut down in case of an emergency. The 42-inch pipeline — larger than the controversial 36-inch Keystone XL oil pipeline from Canada — will be pressurized to 1,440 psi.

The pipeline will be buried at least 4 feet deep and the affected landscape will be replanted.

“The route is not yet final and is subject to change. We are currently conducting civil, environmental and archaeological surveys along the proposed route. We work with landowners individually to obtain voluntary survey permission,” Dillinger wrote in an email.

In a fact sheet issued last week, Energy Transfer said the pipeline will provide millions of dollars of financial benefits to local communities in construction jobs, goods and services and taxes.

Landowners will be compensated for easements along the pipeline, which will follow existing power lines and railroads where feasible., according to the sheet.

The company further said that safety is its top priority, and that all federal standards will be met. The pipeline will be regularly inspected and safety sensors along the line will warn of any problems.

The company said the pipeline will be constantly monitored for flow pressures by a remote Gas Control Center, and can be shut down in case of an emergency. The 42-inch pipeline — larger than the controversial 36-inch Keystone XL oil pipeline from Canada — will be pressurized to 1,440 psi.

The pipeline will be buried at least 4 feet deep and the affected landscape will be replanted.

“The route is not yet final and is subject to change. We are currently conducting civil, environmental and archaeological surveys along the proposed route. We work with landowners individually to obtain voluntary survey permission,” Dillinger wrote in an email.

Dillinger said condemnation is a last resort rarely used by Energy Transfer.

“Historically we have successfully reached voluntary easement agreements with all but a very small percentage of landowners,” she said.


Opposition builds

The touchy issue of getting easements through private ranch land so far is not going well. Although the law in Texas favors the pipeline companies, the process can become messy if landowners resist.

For starters, the whole legal concept of eminent domain, in which private citizens are forced to surrender their property for a project that serves the public good, does not translate well in the Big Bend, particularly when it involves businessmen working for Mexico........."


http://desmogblog.com/2015/02/06/facing-felony-charges-rick-perry-joins-board-energy-transfer-partners

Facing Felony Charges, Rick Perry Joins Board of Energy Transfer Partners
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148588 tn?1465778809
To give some perspective:

There is almost no way to get around laying this high pressure (1440 psi four feet deep) pipeline so that it runs anywhere but way too close to Alpine city limits.
Helpful - 0
148588 tn?1465778809
http://alpinedailyplanet.typepad.com/alpine-daily-planet/2015/05/opinion-stop-the-pipeline-project-let-the-peoples-voices-be-heard.html

By Pete P. Gallego

Our part of Texas is special. Remember the “Don’t Mess With Texas” motto? That applies out here, too. It’s about respect. We don’t take kindly to outsiders potentially messing in our neighborhoods or with our way of life.

The consortium of companies that make up the Trans-Pecos Pipeline Ltd., have shown little to no respect for our area — a bad sign. Respect requires consultation — and long beforehand. It’s not a good practice to come in and announce the project as a done deal. The trucks were already here when the conversation started.

The pipeline companies had a chance to start off on the right foot. They could’ve come in and met with science classes at local schools, clubs and organizations, governmental bodies and even neighbors over dinner. All of this should’ve been done before they turned a single blade of grass.

Now, those companies seems surprised that there is so much opposition, but they would’ve known that if they’d gotten to know the community first.

West Texans are not unreasonable people. We know that when we turn on our gas stoves, the gas comes to us through a pipeline. We have no objection to seeing increased access to natural gas for our neighbors or to hearing about the potential economic benefits of projects like this.  

However, once a big portion of the community feels disrespected, it is tough to get things back on track.

So many friends, family and neighbors have reached out to me with concerns that it seems evident that many people feel disrespected and powerless.

“Is this pipeline a done deal?” is the question I get asked.

Add in to the mix that our congressman has apparently elected to sit on the fence and says he “can do little for or against the pipeline.”

As a former state legislator and member of Congress who served as the voice for our part of Texas for over two decades, I know that’s simply not true. The options are numerous.
Here’s my favorite option: I’d push the pause button. Ask every single state and or federal agency with oversight authority to audit the project for compliance with all state and federal regulations. Let’s find out whether this project is properly under state or federal jurisdiction.

I would use the convening power of my office to put together round-table discussions with the companies, the community and other experts in the field regarding the proposed benefits and risks of the pipeline. What are the benefits? What exactly are the companies doing to help our local economy or our local schools and for how long? Do the benefits outweigh the risks? What exactly are the companies doing to minimize risks to Alpine and our region?

Perhaps there is some benefit to the pipeline. Perhaps not. Either way, though, the community is entitled to digest the information over time. Some are for. Some are not. All deserve to be heard. The community and the companies need a cooling-off period. Why not? What’s the hurry?

The pipeline is a big deal. It’s the biggest deal in Alpine for a long time. Important decisions should not be made at breakneck speed. Turn off the trucks. Stop the digging.

We all like to believe we have some say in our own futures. That didn’t happen here. It’s like our fate was announced in advance. Give us a chance to be part of the planning process. Listen to our concerns and then plan accordingly.  

For now, pause the pipeline."
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148588 tn?1465778809
http://heyevent.com/event/aahibua7bq6kia/alpine-city-council-vote-on-anti-pipeline-resolution

Originally meant to post this link here but it ended up on the related HB40 thread. Hoping this is the one that goes to court as a test case, since it's the weakest, lamest excuse for the use of 'eminent domain' IMHO.

"5:30 P.M. on Tuesday June 2nd, 2015 in the Council Chambers...The Alpine City Council will vote on a resolution to ban all activities related to the proposed 42" pipeline."
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148588 tn?1465778809
http://www.truth-out.org/opinion/item/30723-a-pipeline-strikes-deep-in-the-heart-of-texas#
".....Proponents of fracking, including President Obama, have claimed that it is a "bridge technology," an interim method of producing energy while making the transition to renewables. But not only has the safety and cleanliness (with regard to air, soil, and water, as well as net carbon release) of the process been called into serious question, so has its intended use as a "bridge." By many indications, both the United States and Mexico have long-term plans for its use. In April 2015, the Texas Senate passed a bill that, if approved by the House, would abolish programs that support renewable energy. Page 28 of a 2014 Comisón Federal de Electricidad document shows a map of Mexico's plan to build 28 new gas-fueled power stations by 2028.

A turning point for far west Texas came on June 12, 2014, when the Big Bend Sentinel reprinted a story from the Latin American Herald Tribune titled Mexico Announces Coynosa to Ojinaga Pipeline. We learned that the pipeline would be among the largest in the country: 42 inches, 6 inches larger in diameter than the famed Keystone XL pipeline.

By July, we had formed a group called the Big Bend Conservation Alliance and began holding meetings to educate ourselves about the possible impacts of oil and gas development on the region. We came to understand that large high-pressure gas pipelines require compression stations as frequently as every 40 miles along the route, and that these stations, in addition to being loud and brightly illuminated, periodically release methane combined with other harmful compounds into the atmosphere.

In January 2015 we learned that Mexican billionaire Carlos Slim, in collaboration with American company Energy Transfer Partners, headed by Kelcy Warren, had won the bid (coming in at $767 million, nearly half the allotted budget) to construct the pipeline, to be operational by 2017.

In March, landowners in Brewster and Presidio Counties - many of whom had no prior knowledge of the project whatsoever - began receiving terse letters from Energy Transfer Partners requesting permission to survey. Surveyors were caught trespassing - an offense that is not taken lightly in these parts - on the property of the former Brewster county judge.

Since neither the pipeline company nor elected government officials had yet to call a public meeting to explain what was happening, the Big Bend Conservation Alliance announced a community forum titled "What We Know, What We Don't Know, What We Can Do About It" to be held in a conference room at the local public library on April 8. More than 100 people crowded into the small space, while 50 or more stood huddled outside straining to hear through the open windows. Members of the BBCA said a few words, then opened the floor to comments.

Citizens from all facets of the community were outraged - border patrol agents, park rangers, astronomers, ranchers, teachers, artists, business owners and even several former oilfield workers were overwhelmingly united in opposition. Whether individual concerns focused on threats of eminent domain or potential impact to health, the environment, or the tourism-based economy, partisan divisions suddenly fell away....."



http://www.fronterasdesk.org/content/9998/border-pipelines-face-opposition-both-sides-rio-grande
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148588 tn?1465778809
http://alpinedailyplanet.typepad.com/alpine-daily-planet/2015/05/big-bend-rancher-arrested-at-pumpco-site-by-sheriffs-deputy.html

"Rancher Tom Beard was arrested shortly before 2 pm today for criminal trespass at the Pumpco Inc pipeline site outside of Alpine. Beard, a board member of the Brewster County Groundwater Conservation District, was on the property in official capacity to discuss a water pump permit. Beard was arrested by Brewster County Deputy Doug Mc Intyre."
Helpful - 0
148588 tn?1465778809
".....The 42-inch pipeline — larger than the controversial 36-inch Keystone XL oil pipeline from Canada — will be pressurized to 1,440 psi.

The pipeline will be buried at least 4 feet deep.....
......the whole legal concept of eminent domain, in which private citizens are forced to surrender their property for a project that serves the public good, does not translate well in the Big Bend, particularly when it involves businessmen working for Mexico........."
Helpful - 0
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