Supreme Court Revises Test to Establish Common Carrier Status in Condemnation Cases

more+
less-

On March 2, 2012, the Texas Supreme Court revised its opinion in the controversial case, Texas Rice Land Partners, Ltd. v. Denbury Green Pipelne-Texas, LLC. In its original decision, the Supreme Court held that merely filing the paperwork and offering to make the pipeline available for public use does not make the pipeline a "common carrier" with the power of eminent domain. Instead, the Supreme Court held that Denbury Green Pipeline-Texas, LLC ("Denbury") must also show that a reasonable probability exists, at or before the time common carrier status is challenged, that the pipeline will serve the public by transporting gas for customers who will use the gas themselves or sell it to another party other than the carrier.

For more details on the Court's original decision, please click here. (See alert below for link)

The revised decision generally maintains the original decision, but makes one key change that clarifies when a pipeline company must show that that the public use will occur. As indicated above the Court originally held...

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Walker | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×