pipeline

Not directly related, but the concept is for sure — Enbridge has been nailed for building a pipeline beyond what easement they had, and they are TRESSPASSING, and have to pay for the easement.  They won’t have to uproot the pipeline, but they do have to compensate the owners.  YES!

Here’s the scoop from the Duluth News Tribune:

Jury: Enbridge owes Douglas County family $150K for illegal pipelines

The six-member Douglas County jury found that the lines, installed in 2002 and 2009, are trespassing on land owned by Gerald and Barbara Engelking and their son, Jeremy.

For the Engelkings, it’s a significant victory after a prolonged battle with the multinational corporation.

“We’ve been going at this for 12 years with Enbridge, claiming that they’ve been trespassing on our land,” Gerald Engelking told the News Tribune. “Tonight, the court system has validated our claims.”

Enbridge attorney Joseph Mihalek indicated to the court that an appeal is likely to be filed. Outside the courtroom, he said he could not comment on his client’s matters.

The jury, which on Thursday issued a mixed ruling that left the judge and attorneys muddled, was called back Friday to provide further clarification and consider damages in the second phase of the trial.

Jurors determined that the three pipelines are, indeed, trespassing. The panel seemed to make that same ruling Thursday, but also ruled on another question: Workers were not trespassing when they cleared vegetation to make way for future lines.

The case has lingered in the court system for several years, the result of a dispute between Enbridge and the Engelkings over a 1949 easement agreement authorizing the installation of pipelines, signed by the previous owner of the land. Three lines installed under the agreement were not disputed.

Enbridge has since installed three more lines, claiming the agreement allowed for installation anywhere on the property. The Engelkings contended the agreement limited the company to a 50-foot corridor where the old lines are installed.

The dispute made national headlines in 2009 when Jeremy Engelking was arrested and charged with trespassing and disorderly conduct after confronting pipeline workers who were on his property without authorization. Those charges were later dismissed.

Friday’s verdict made it clear that jurors agreed with the Engelkings.

Kevin Sandstrom, the Engelkings’ attorney, argued to jurors that Enbridge overstepped its authority by installing the new lines against the wishes of the landowners. He noted that Enbridge may attempt to install additional lines with its proposed Sandpiper project.

“Where is Enbridge going to stop?” he asked jurors. “It doesn’t seem that they’ll ever stop. And what would be the result? They will take over the entirety of the Engelkings’ property with oil pipelines.”

Sanderson asked jurors to award nearly $300,000 in damages, calculating “rent” payments based on the rate Enbridge paid a neighboring property owner for land use.

Mihalek told jurors, based on assessments of the land with and without the pipelines, the true value of damages suffered by the Engelkings amounted to about $4,000.

He noted that the family has not developed the land in nearly four decades of ownership, nor have they ever rented the land to anybody. The land has been used almost exclusively for recreational purposes.

“Adding three more pipelines underground did not in any way deprive them of the full use and possession of that property as they used it for 38 years,” he argued. “They can speculate about what they might do in the future to develop it, and how that might affect their development, but the fact of the matter is they’ve never done it and they have no plans to do it.”

The jury’s verdict awarded $100,000 to Gerald and Barbara Engelking, and $50,000 to Jeremy Engelking.

The jury was also asked to advise the court on whether Enbridge should be required to remove the three trespassing lines. The members answered “no” to separate questions about removing the 2002 and 2009 installations.

Earlier in the day, Enbridge construction services manager Lloyd Mott testified that it would cost about $7.2 million to move the pipeline. Sandstrom said Enbridge could afford that, noting that the company brought in about $25 billion in revenue last year.

The Engelkings said they were not too concerned that the jury did not grant all of their damages requests. The trespassing finding was far more important, they agreed.

“The issue of trespassing is resolved, pending an appeal,” Gerald Engelking said. “This is what we were looking for.”

 

Quick post here of Judge Lipman’s recommendation — there are 15 days now to get exceptions filed with PUC, and then it goes to the full Public Utilities Commission for deliberation and a decision:

Recommendation – Enbridge Pipeline Expansion — PUC Docket 13-153

I spend a lot of time checking out real estate, even more than dogs on Petfinder!  Back when I was first looking for a house in Red Wing, there was an abandoned house with little trees coming up in the gutters, pieces of the house falling off, it was grey and neglected, and accordingly, CHEAP!  Bluff in the back, the city golf course in front, so not much in the way of neighbors.  Way out of my price range, but a deal for whoever bought it.  Well, they did, and they’ve brought it back and more, it’s beautiful now (though the living room is still too dark, and priced accordingly:

1622 Spruce Street, Red Wing

1622Spruce

And another favorite, right on the corner of 7th and West:

706 East Avenue

That church that was so beautifully redone on 7th and Bush sold in a matter of days.  Time to get our house on 8th Street fixed and sold!

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Mad cow, BSE, sheep scrapie, chronic wasting disease in deer and elk… this type of disease is not nearly as rare as they’d like us to believe… are people paying attention?  Meat eaters?  Hunters?

Health officials confirm Texas death as fourth case of mad-cow related disease

Links for details about Creutzfeld-Jakob variant:

CDC’s vCJD Fact Sheet

WHO Creutzfeld-Jakob variant page

Chronic wasting disease in deer has been found in Minnesota, not far from here:

Chronic Wasting Disease in Minnesota Deer

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Mandatory testing of deer is required in DNR Permit Area 602:

CWD_dpa602

 

Tree_Full

As ALJ Kathleen Sheehy said, “Oh, ENOUGH about the TREES!”

But soon, we’re losing another boulevard tree, this one a red maple, not too old, but it’s about 35 feet high.  ANOTHER ONE~  Last spring, we lost a large one in the May blizzard, and now, any day now, this one is coming down.  What’s adding insult to injury is that they’re taking it down FOR A TEMPORARY REROUTE OF THE XCEL DISTRIBUTION LINE ACROSS THE STREET!

WestAvePlan

They must have looked on a map, with input from Xcel found our house, and picked it.  They’re redoing West Avenue, replacing the VERY tall retaining wall across the street (20 feet??), narrowing the street to slow traffic, and putting in a sidewalk across the street so kids can walk to school.  We’ve been dealing with the City about this for a while, went to a meeting, checked the city’s packet on it, talked to them there, and had a conference or two in the yard this week.   And as Alan says, giving them full credit, “they’ve been responsive.”  Yeah, but they’re still taking our tree down.  And taking another one down when they redo the other street.  And they still haven’t replaced the one we lost last year in the blizzard, or the large one that came out some time before we bought the house. Four out of four…

When I spoke with the City and Xcel guys checking it out, I objected, I don’t want to lose this tree, and suggested undergrounding since they’re digging up the street, and they said this street wouldn’t work for that (oh, please…), and I again said I didn’t want to lose that tree, particularly for a TEMPORARY XCEL DISTRIBUTION REROUTE.  The Xcel whippersnapper looks down his snout and says, “You like power, don’t you.”  Folks, y’all would have been proud… I did not bring Kady out to address his attitude (the City guy sorta snorted at his comment, and the Xcel guy had clearly not encountered moi previously).

kate

This tree is more than just a tree, it’s a safety infrastructure installation:

Tree_crash

Our tree has been hit a few times, it’s at a curve near the crest of the hill, and people often race up the hill.   As you can see from the map, that tree keeps the cars out of our yard and out of Mary’s porch.  We need that tree!!!  SCREEEECH, CRASH… doesn’t happen often?  Well, just last year, someone coming the other way crested the hill too fast and on the way down didn’t make the turn, and they careened into the house on the other side of the street and took out their front steps!

And look:

Tree_Xcel

And they’re starting in on it, the big “Utility Work Ahead” signs are out on West, and they’re climbing the pole across the street.  See that big honkin’ sucker there?  That one is coming out when they redo Sturdevant, which they said, “could be next year, could be a few years,” but that will mean we have NO trees left.

I can hear air tools all the way on the other side…

AAAAAAAAAAAAGH!  My tree…

Tree_Side