Header graphic for print
Energy & the Law

Category Archives: Eminent Domain

Subscribe to Eminent Domain RSS Feed

It’s Now Easier To Be a Common Carrier Pipeline in Texas

Posted in Eminent Domain, pipelines

We now know what it takes to establish common carrier pipeline status in Texas.  According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is required is a reasonable probability that the pipeline will, at some point after construction, serve the public by transporting a product for one or… Continue Reading

Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Posted in Construction, Eminent Domain

Co-Author Martin P. Averill Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC,  the Beaumont court of appeals reversed a summary judgment granted by the trial court to Denbury, applying the Texas Supreme Court’s “reasonable probability” of public use standard… Continue Reading

Native Gas and Storage Gas: Who Owns It?

Posted in Eminent Domain

Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA §55-1201 et seq). The result: Obtaining authority to condemn a subsurface reservoir works no instantaneous change of ownership in storage gas under Kansas law. Ownership rights are determined… Continue Reading

Reaping What You Sow – City of Dallas Sued by Trinity East Energy

Posted in Contract Disputes, Eminent Domain, Local Ordinances

Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million and the desire to exploit the minerals. I take your $19 million, and when you ask for permission to drill I… Continue Reading

For Success Against a Pipeline, Go to the Right Court

Posted in Eminent Domain

The first step in successfully challenging the Keystone Pipeline: Choose a court that has jurisdiction. Mr. Bishop learned that lesson the hard way in Bishop v. TransCanada Keystone Pipeline. Mr. Bishop lived in Nacogdoches County, Texas, when TransCanada attempted to negotiate an easement and pipeline right-of-way. Those negotiations failed and TransCanada brought a condemnation proceeding. Bishop believed TransCanada… Continue Reading

Pipeline Loses Effort to Condemn Private Land

Posted in Eminent Domain

Co-author Chance Decker Private property rights advocates scored a big victory in a Texas condemnation case in the ongoing battle between pipelines and landowners over the power of eminent domain. (See our last post for a decision with the opposite result).  An appeals court in Crosstex NGL Pipeline, LP v. Reins Road Farms, Ltd. denied “common carrier” status for… Continue Reading

Large Condemnation Award Upheld for Eagle Ford Pipeline

Posted in Eminent Domain

By Travis Booher “Money isn’t everything, Jett.” Leslie Benedict.  “Not when you’ve got it.” Jett Rink The ageless struggle between the oil man and the rancher continues. The Texas Supreme Court declined to review LaSalle Pipeline, LP v. Donnell Lands, L.P., (the link is the court of appeals opinion) a pipeline condemnation suit involving land in McMullen… Continue Reading

Private Property Rights Rule Over Pipeline

Posted in Eminent Domain

In a vindication of landowners’ rights, the Texas Supreme Court prohibited a pipeline owner from using eminent domain to take private property.   In Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, the court said that a pipeline must show that it satisfies the requirements for common-carrier status before it will be allowed to… Continue Reading