TX Legal. 1st Court of Appeal Win for Landowners.

The eminent domain use at issue in the litigation: pipeline

What issues were percolating for the 1st court of appeals?

  • is a single customer on the receiving end of a pipeline enough to get common carrier status?
  • The pipeline failed the Texas Supreme Court’s Texas Rice test for common carrier status

The legislative issue that arises: The only way to challenge a common carrier assertion by a pipeline in its filings with the Texas Railroad Commission is for a property owner to sue.

Bluebonnet News | Editorial: Victory in the courts for Texas property owners

Same in Drovers