ACTION: Submit a comment in support of LB 1366 to reform eminent domain law.

John --

Nebraska State Senator John Cavanaugh has introduced LB 1366, a bill in the Nebraska Legislature that would change provisions relating to the use of eminent domain in Nebraska.

The bill would change existing state law so that no entity would be authorized to use eminent domain to take a landowner’s property in Nebraska unless a majority vote of the governing body of the county, city, or village where the property is located approves such taking -- and only after a “good faith” effort has been made by the entity seeking eminent domain authority, defined by the bill as “an attempt to agree, consisting of an offer of at least fair market value or that a reasonable owner would accept, and a reasonable effort to induce the owner to accept it, in addition to “an appraisal that is shared with the owner at the time of negotiations.”

The bill also provides landowners a path to reclaiming property seized via eminent domain: “If the property is not used or is no longer necessary for the public use, the condemnee shall have the right to have the title or interest returned for the amount of the condemnation award.”

While Bold supports this proposed legislation, we would like to see amendments made to enhance protections for property owners, such as the provisions included in last year’s LB 1186 introduced by Sen. Eliot Bostar, which would additionally:

• Make the Oil Pipeline Reclamation Act applicable to other kinds of hazardous liquid pipelines, including carbon pipelines
• Provide for reclamation of land after the end of a pipeline’s operations
• Provide for a reclamation fund to pay for the potential removal of equipment and restoration of lands

Landowners who have faced the threat of eminent domain for past projects like the Keystone XL pipeline and current projects like the Summit Carbon pipeline are encouraged to testify in support of LB 1366 at the public hearing in the Nebraska Legislature's Judiciary Committee this Friday, Feb. 2 at 1:30 p.m., in Room 1113 at the State Capitol.

ACTION: Submit an official comment in support of LB 1366 via the Nebraska Legislature website.

**The deadline to submit and verify a comment for the hearing record for LB1366 is Friday, February 2, at 8:00 AM Central Time.**

1. Click “Submit Comments Online for LB1366”
2. Click “I Understand” on the pop-up window that appears.
3. Include Comment in Public Hearing Record (as an exhibit) – “YES”
4. Enter your name/address and email Enter your District Number (Your legislative district number can be located by clicking the “Find Your District” button, and entering your home address in the pop-up box)
5. Stance – “Proponent” – We support LB 1366 because the bill would take steps to protect Nebraska landowners against eminent domain seizure of their land for private gain.
6. Written Statement – Your written statement is limited to *500 words* – which is very short if you have a lot to say.
   1. Are you a landowner who has already been threatened with or currently faces eminent domain seizure of your land against your wishes for a pipeline or other project? (e.g. Keystone XL, Summit Carbon, Tallgrass Trailblazer, etc.) Include mention of your experience with the company in your comment.
   2. Indicate your support for Sen. Cavanaugh’s LB 1366 to strengthen protections on private property for Nebraska landowners
   3. State that you would like the bill to go even further than it currently does
7. Click the “I’m not a robot” box
8. Click “Submit Comment”
9. *IMPORTANT* After you click “Submit Comment”, check your email inbox for a new email from “Nebraska Legislature,” with a subject line of “Verify your Written Comment for LB1366.” You *must* click the link on the email to follow through and complete your comment submission, or else it will not be recorded.

Be sure to make your voice heard to support this bill to reform eminent domain, by submitting your comment by Friday morning, or testifying on Friday afternoon!

Thanks for standing with us.

Jane Kleeb and the Bold team

---

P.S. Chip in to support Bold Nebraska's work.

@Bold Nebraska on Twitter
Bold Nebraska on Facebook

Bold Nebraska
P.O. Box 254
Hastings, NE 68902 US

Sent via ActionNetwork.org. To update your email address, change your name or address, or to stop receiving emails from Bold Nebraska, please click here.