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Surface Owner’s Regulatory Taking Claim Denied

By Charles Sartain on December 3, 2013
Posted in Eminent Domain

Co-author Alexandra A. Crawley

In Walton v. City of Midland, the surface owner of a 35 acre tract within the city limits of Midland, Texas, contended that a provision in a city permit for an oil or gas well was a regulatory taking because it required the lessee to drill a water well on…

Pipeline Loses Effort to Condemn Private Land

By Charles Sartain on June 6, 2013
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…

Keystone XL Can Take Land Before Appeals are Exhausted

By Charles Sartain on June 4, 2013
Posted in Eminent Domain

Co-author Chance Decker

Two recent cases from the same Texas court reflect the ongoing uncertainty over the threat to private property rights posed by the Keystone XL and other pipelines. Is there a theme, a common thread, running through law on this subject? Not in Texas. Today we discuss one of these decisions, Next time…

Large Condemnation Award Upheld for Eagle Ford Pipeline

By Charles Sartain on March 8, 2013
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 …

Private Property Rights Rule Over Pipeline

By Charles Sartain on March 15, 2012
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…

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About Charles Sartain

I have been helping clients of all types resolve their commercial disputes for most of my 35 years as a lawyer. Of the many industries in which I have worked, the energy business is the most fascinating…More

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