TX Rice Partners v. Denbury: A history lesson.

6 years of litigation and we might see the first jury trial. Here’s what happened:

• Denbury wanted to build a pipeline.  It needed land. Landowners and Denbury were unable to come to an agreement. Eminent Domain proceedings ensued. 
• Trial Court: Denbury is a common carrier with eminent domain authority.
• Appellate Court: Yes, common carrier. Yes, eminent domain. 
• TX Supreme Court: Not a common carrier. No eminent domain. Here’s what we say establishes a common carrier. Appellate Court, you listen to arguments again.
• December 18, 2014 Oral Arguments before the Appellate Court in Beaumont. 

Southeast Texas Record

Here’s what happened as a result of the litigation:

• 2013 Texas Legislature tries to pass HB 2748. it dies on a point of order. Private property rights are a very big deal to Texans and they let their politicians know that. 
• Summer 2014 Texas Railroad Commission uses rulemaking to clarify common carrier rules. Private property rights supporters remain displeased. 
• 2015: Inevitable legislative fight. Private Property Rights are sacred in Texas. Like football.