If the Supreme Court upholds the lower court’s decision, TransCanada has said it plans to file an application to have its route reviewed by the Nebraska Public Service Commission, which also oversees railroads, natural gas pipelines, taxicabs, grain warehouses, etc.

Craig said TransCanada considers eminent domain a last resort and would prefer to come to an out-of-court agreement with landowners. His goal is to get another 10 percent of Nebraska right of way secured voluntarily. The rest, he believes, will have to be settled through condemnation proceedings.

"Three to 5 percent of these people in Nebraska today base their resistance, or opposition to the project off principle. They don't think that we should be developing fossil fuels," Craig said. "I don't think we're ever going to overcome that."

The company has procured about 84 percent of the right of way it needs in Nebraska and all of the right of way it needs in South Dakota and Montana.

The Nebraska Easement Action Team, a nonprofit formed to help landowners negotiate easements, says it has more than 115 members who refuse to sign. The group has called for contractual provisions giving landowners greater control and protection, including requiring the pipeline be removed once it has outlived its useful life.