This week Denbury filed to seek a rehearing over the appellate ruling that it is not a common carrier. It’s going to pop up via amendment between now and June 1st.
Why will this head to the Legislature? Because Denbury alleges that the current legal precendent, the appellate ruling, will have wide spread ramifications.
This common carrier fight has spanned 7 years. This complex legal tale includes:
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More than 7 years ago Jefferson County landowners James E. Holland and David C. Holland, their business Texas Rice Land Partners and their tenant Mike Latta were approached by Denbury Offshore to conduct a survey on their land to build a gas pipeline through the Hollands’ property.
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Landowners declined. Denbury claimed the pipeline would be for public use, exercising the right of eminent domain.
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“In 2008, 172nd District Court Judge Donald Floyd ruled Denbury was a common carrier, and the Ninth Court court agreed”
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The Texas Supreme Court Said No. The case was sent back to the court in Jefferson County.
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The Jefferson County Court said yes to common carrier status.
- The 9th Court of Appeals said, no Denbury isn’t a common carrier based on the standards set by the Texas Supreme Court.