Ted Cruz Was Asked Three Years Ago About the ‘Liberty’ of Private Landowners in Eminent Domain

The Blaze ^ | February 10, 2016 | Jon Street

[kiryandil]

Ted Cruz has slammed Republican rival Donald Trump for supporting eminent domain – but it appears the Texas senator was once in favor of it, too.

In his run for the U.S. Senate in July 2012, Cruz was asked during a debate about his stance on eminent domain when it comes to securing the U.S.-Mexico border.

"Let me ask you about a constitutional issue: liberty," the moderator asked Cruz. "What about the liberty of the hundreds, if not thousands, of private landowners in Texas whose land would be seized by the government for what even some in your own party say would be an ineffective project? What about their liberty?"

Cruz responded by saying that he had been a longtime advocate for liberty, but added one stipulation...

[SampleMan]

Glen Beck is both. And now so ate you I guess,

[SampleMan]

Shall I repeat my question?

There is simply no way that redistribution be force from one individual to a different individual is what the Founders intended or what any conservative would accept.

Cults of personality rot a persons mind and their soul.

[kiryandil]

And now so ate you I guess,

Who ate me?

[CA Conservative]

Where does Constitution limit to public purpose?

It's called the 5th amendment, and it actually limits it to public use not just public purpose.

[moehoward]

"Keystone could be considered a public use because it is a common carrier, " Depends on who you talk to.

"At the hearing, Katie Spohn, a deputy attorney general, argued that the "common carrier" clause does''t apply to interstate pipelines like the Keystone XL,-- Common carriers "operate in Nebraska and through Nebraska, but not outside of Nebraska," according to the common law definition, Spohn said.

Bear in mind she is arguing FOR the pipeline.

[GraceG]

[ That is really cute. I suppose you mother doesn’t wear combat boots, but who knows? ]

No, she wore a set of these

As did we all, so we know far more about animal excrement and how to get rid of it.

[GraceG]

[ Should a presidential candidate take money from casinos? ]

The person who owns them should be able to give money to any candidate, as should anyone else be able to (freedom of speech also means time and time is money) , but a casino, as a private entity should never take property via eminent domain.

[CA Conservative]

Cruz is A-OK with ED being used for the pipeline, because ".. it would generate good, high paying jobs,". (Cruz-2014)

Please provide a link to any statement by Cruz about using ED for Keystone...

[vbmoneyspender]

The Institute for Justice, which argued the Kelo decision in front of the Supreme Court, has a pretty firm grasp on what should constitute an unconstitutional taking and the Institute has taken no position on Keystone because they don’t believe it falls into the category of an obvious private party to private party transfer - as was the case in Kelo.

see http://thinkprogress.org/climate/2015/03/01/3625804/keystone-kelo-eminent-domain-property/

[dschapin]

Pipelines are infrastructure projects that are directly tied to national security.

[moehoward]

I’m sure you’re well aware he’s on record in favor of the project. SInce he’s alleged to be such a brainiac, I’m guessing he realizes ED will be utilized.

Then again he may assume it’ll be suspended by rainbows.

[moehoward]

“Pipelines are infrastructure projects that are directly tied to national security.”

If your talking about canadian national security you may have a point.

[moehoward]

You said "Keystone could be considered a public use because it is a common carrier, much like power lines are considered appropriate takings under the 5th Amendment"

The attorneys arguing FOR the actual pipeline disagree.

But that is irrelevant to the fact Cruz fought for the pipeline as a jobs program.

[CA Conservative]

I'm sure you're well aware he's on record in favor of the project. SInce he's alleged to be such a brainiac, I'm guessing he realizes ED will be utilized.

So to be clear then, you have no evidence that Cruz is in favor of ED for the Keystone pipeline. It is funny, Trump supporters cry foul when we point out things Trump has actually publicly said - but you have no problem condemning Cruz for things he has never said, because you ASSUME he thinks them.

[moehoward]

So to be clear, you're claiming Cruz is ignorant, or somehow unaware, that ED would be required in the actual deployment of the pipeline.

Speaking in Lubbock in November, Cruz said, if elected, "we will approve pipelines across the country." And he ripped Obama for rejecting the northern leg of the Keystone XL pipeline, calling the project's approval "as close to a no-brainer as any decision you'll find in politics,"

But don't worry folks CA Conservative and Cruz says if you like your property, you can keep your property !

[vbmoneyspender]

You’re hanging your hate on the opinion of one deputy attorney general who doesn’t represent the pipeline. That is hardly conclusive. Maybe you might want to read the Reason article I posted earlier. It gives a fair summation of the both the pros and cons of arguing that Keystone is a proper subject of eminent domain.

[vbmoneyspender]

hate = hat

[vbmoneyspender]

Though eminent domain statutes vary in each state, TransCanada seems to have made itself legally impenetrable in the half dozen states along the Keystone XL pipeline route by claiming "common carrier" status. . . .

Oil interests in Montana and Oklahoma have played the common carrier card to their advantage by forcing TransCanada to add on-ramps in those states so domestically harvested oil can be shipped along the Keystone XL. . . .

In Texas, it was the state's Railroad Commission that granted TransCanada common carrier status. Most landowners along the route in eastern Texas, assuming Keystone XL would be hauling conventional oil, were content to take the buyout offer.

[vbmoneyspender]

Also, hopefully you are aware that the Nebraska Supreme Court upheld the Keystone pipeline being run thru Nebraska.

The Keystone XL pipeline has a valid route through Nebraska.

The state Supreme Court on Friday cleared a clog in the path of the proposed crude oil pipeline, reversing a lower court decision that struck down the law that former Gov. Dave Heineman used to approve the project's route.

In a split vote, the high court vacated Lancaster County District Judge Stephanie Stacy’s decision that found the 2012 law (LB1161) unconstitutional.

The high court said the landowners who brought the lawsuit, represented by Omaha attorney Dave Domina, failed to convince a supermajority of the court they have standing to challenge the law -- allowing it to stand by default.

[moehoward]

Yes. The high court overturned the appellate. Essentially agreeing with deputy attorney general's previous argument and finding for her side. I don't' know, or care, if she again argued because it's unimportant.

Fact remains. Foreign private company which uses ED in it's pursuit to deliver it's product. Cruz openly supports it. He's a hypocrite.