A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, LP and V-Tex Logistics, LLC, a special purpose district unsuccessfully argued that it
Today is a two-fer. The questions: When does the “merger doctrine” not work in Texas, and how do courts treat technological developments created after a contract becomes effective?
In Murphy Land Group LLC v. Atmos Energy Corporation, Atmos constructed and operated pipelines under three easements from the ‘50’s and ‘60’s and the parties had a 2012 Roadway Lease granting Atmos a 40 foot roadway lease, which expired under his own terms in 2015.
The merger doctrine
Continue Reading Smart Pig Technology … and the Texas Merger Doctrine
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