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BNSF Considers Investment In Syntroleum.
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<p>[quote user="CSSHEGEWISCH"]As I've mentioned previously, the first two points of Dave's proposal run contrary to the Fifth Article of Amendment to the Constitution. The fourth point would require an Act of Congress, the Justice Department cannot bypass existing statutes.[/quote]</p><p>Two words: Eminent Domain</p><p>The states do reserve the right of eminent domain, which is a blatant right to confisticate property with due compensation for the purposes of the public good. As far as I know, eminent domain has withstood Constitutional muster.</p><p>The point is, has anyone tried to enact eminent domain over a current ROW? If the State of Montana decides it needs it's own railroad, what's to stop them from choosing a preferred alternative that just happens to coincide with a current railroad ROW?</p><p>Again, the fault isn't necessarily with Montana or BNSF - both are protecting their own best interests as they see it. It is the STB that is at fault for not implementing the competitive caveats of Staggers when BN went into merger mania.</p><p>And if BNSF ever decides to get into the energy generation business via CTL, it is more likely they'd opt for North Dakota lignite - the high moisture content of lignite is ideal for gasification.</p>
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