On the recordJanuary 22, 2015
the next amendment following the Cornyn amendment seeks to prohibit the use of eminent domain in the building of the Keystone XL Pipeline, but eminent domain is actually irrelevant to this bill. This is actually designed to confuse things and ultimately end up being a poison pill. I think it is accurate to say that the distinguished Senator from New Jersey is no fan of the Keystone XL Pipeline, so he wants to add this provision to the bill to make it impossible, basically, to implement. The bill doesn't authorize or mandate the use of eminent domain to take any property; it simply approves a cross-border permit. The decision on how the property should be taken should be and will be made by the individual States in a process overseen by State courts and subject to the U.S. Constitution. My amendment simply reiterates that the standard in the Fifth Amendment to the U.S. Constitution applies. I ask all Senators to vote for the Cornyn amendment and to vote against the Menendez amendment. The PRESIDING OFFICER. The Senator from New Jersey.
Source
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