Because NDPC is a public utility, the judge has issued a preliminary ruling that only the monetary value of the Botsford's land can be decided in this initial phase. The attorney's did an end run around the merits of the eminent domain case. Enbridge is big. They can widen the loopholes to suit their game plan. This is legalese for a Motion For a Partial Summary Judgment.
The Plaintiff's Response
In a filing, the Botsfords are requesting that the court either deny the Motion for Partial Summary Judgment, or stay a decision on the motion until the Botsfords are able to conduct full discovery on these issues. Despite much higher offers made to the Botsfords for an easement, NDPC now takes the position that the damages to the Botsfords are a mere $2,000. James Botsford will offer testimony regarding the market value of the easement.
Moral arguments seldom hold up in court. In this case, whose rights are more important; pipelines or human beings?
Perhaps the best summary judgment of this case comes from James Botsford. His words show he is much more than the little guy serving as the bully corporation's punching bag.
This is land that has been in my family for decades. It is prime Red River valley agriculture land. It was handed down to me by my mother and father when they passed away, and I'm intending to hand it down to my children when I pass away. My wife and I have told our children that we will pass this on. Of course if 225,000 barrels of oil bursts through this thing, that certainly is the end of this family legacy
(Article changed on August 8, 2015 at 18:40)
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