RRC Common Carrier Rules Could Benefit a Landowner Lawsuit

Landowners are on a winning streak with private property rights arguments in Texas courts.  Most wins occur when a private company, like a pipeline, uses eminent domain.  The murky territory of private companies acting like public entities. 

On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court  sent common carrier standards back to the appellate court. Here we are full circle with more appellate arguments. 

Stay tuned to see if landowners win- again.  The ultimate decision will be with the 2015 Legislature.  [SETexas Legal Record]

Refreshing Recollection: 2013’s legislative attempt to handle this issue ended up dead on a point of order. In 2015, as Informed Intel has highlighted there are also multiple court cases on landowner compensation that the Legislature can address.