TransCanada Keystone Pipeline, LP v. Nicholas Family Ltd. PartnershipAnnotate this Case
At issue in these forty appeals, consolidated into four for purposes of appeal, was whether the individual landowners were entitled to an award of attorney fees under Neb. Rev. Stat. 76-726.
Just prior to TransCanada Keystone Pipeline, LP’s eminent domain proceedings seeking to acquire right-of-way and other property interests in constructing an oil pipeline, certain property owners - including some of the same landowners involved in these eminent domain proceedings - filed a constitutional challenge to the pipeline route. TransCanada then dismissed its condemnation petitions, except that the Holt County petitions were dismissed in order for TransCanada to pursue approval of a pipeline route by the Public Service Commission. The landowners filed motions for attorney fees and costs. In each case, the county court granted the requests for attorney fees. The Supreme Court disagreed, holding that none of the landowners established that they were entitled to attorney fees under the circumstances.