The Texas Supreme Court, the state’s highest civil court, will hear a controversial case over whether a company that plans to build pipeline to carry carbon dioxide and natural gas from Louisiana to site south of Houston qualifies as a “common carrier,” giving it the power of eminent domain. That means if they want to come through your property and you don’t want to sign the offer they make on your property, they can begin condemnation procedures to just take your property for what they think it is worth. And that just ain’t right.
The case is scheduled for oral arguments before the Texas Supreme Court on April 19th. At issue is whether the Jefferson County trial court ruled incorrectly when it said Denbury was a common carrier (meaning besides the company’s private, for-profit use, the line would be available for public use as well) and therefore could force private landowners to sell right-of-way so the 320-mile stretch of pipe could be built.
The appeals court upheld the trial court.
The industry is watching the case closely, and so should you, as lawmakers this session are considering emergency legislation that would strengthen the position of private property owners in eminent domain cases. If the Supreme Court rules in the company’s favor and the legislation is passed, we could see a whole network of new pipelines snaking across areas of northeast and east Texas as natural gas companies expand their fracking projects and with a Canadian company pushing the tar sands pipeline from Western and Central Canada, down through the middle of the country on its way to crude refineries in the Houston area. And they’ll be singing:
So Lord help the sister, who comes between me and my pipeline terminus.
To see the court documents filed in the case, click here.
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We are screwed. The TSC’s record is overwhelmingly in favor of corporations over people. Seriously. We are screwed on this one.
Another assault on the middle class! Texas politicians have been bought and paid for by the O&G industry across the board. The rich get richer and the rest of us can go, quietly please, to hell.
[...] out our earlier blog, Eminent Domain: Coming to Your Town Soon? , to see what is happening in Texas that could impact Texas [...]
This isn’t about natural gas or any energy “pipeline”. That is just the cover story for the unobstructed right of way for underground piping of the water reserves of the midwest to the Huston area solely for the profit of T. Boone Pickens. He plans to personally and privately own close to a third of the water reserves of the United States. We think that such water is public domain, but the truth is that not only in US law but in International Law fresh water is not held in public domain. All fresh water is privately owned. By granting Mr. Pickins the right of way for “energy pipelines” our Governments will be giving him ownership of the lands and all the water within. By the middle of this century if we want any of that water for any of our needs then we will have to buy it from him! He gets the water for free by “eminent domain” and gets to sell it for whatever he chooses ( you know, that free market thing. ); pretty neat huh!