Texas RRC Common Carrier Rule Making- Check Mate to the Legislature?
RRC staff recommendations approved this week clarify when a pipeline may call itself a common carrier. It’s a response to the 2013 Legislature’s failed fix, which was publicly killed on a point of order.
This chess game began when a court called into question whether a pipeline was a common carrier. The court thereby restrained the pipeline’s use of eminent domain. It was a huge win for landowners.
When you need land to build pipelines, eminent domain authority is like a Queen on a chess board. It helps you move wherever you want. Its powerful.
Within months, the Legislature, Entities with Eminent Domain Authority, and the Tea Party will be vying for an eminent domain win. The Tea Party reigns supreme over private property rights. Historically, data shows that pro-private property rights bills pass overwhelmingly.
[RRC Rule Proposal with Public Comment Until 8/25/2014]