Private Property Rights: Drone Registrations. 2 Texas Companies.

Which texas companies were certified under the new drone certification system in Texas? HUVRdata (Austin) & Aviation Unmanned (Addison)

What entity does the drone certification? Texas A&M University System via its Corpus Christi campus and its engineering extension service

How is industry using drones?  wind-power, oil and gas and transportation industries to provide aerial inspections and mapping, and for port and border security and coastline monitoring

Houston Chronicle | First…

9th COA Rules: No Common Carrier Status.

In a 7 year legal tussle over whether Denbury is a common carrier, the 9th Court of Appeals ruled that Denbury is not a common carrier.  Sounds innocuous, except that common carrier status grants Denbury, a private pipeline company, the power of eminent domain. Common carrier status comes with great power.

The Legislature tried to fix the common carrier issue in 2013, but an elegant point of order stopped it. In the summer of 2014, the Railroad Commission tried to fix it by rule ma…

Top 2014 Texas Court Cases: Texas Rice Land Partners v. Denbury Green Pipeline

Texas Rice Land Partners Ltd. v. the Denbury Green Pipeline-Texas has been a hot legal topic for years. The repurcussions have been:

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 establish…

Craft Brewers Claim Distributor System Is Like Eminent Domain with No Public Benefit

3 craft brewers are suing Texas Alcoholic Beverage Commission over a 2013 law that prohibits the brewers from distributing their product. 

The craft brewers liken the prohibition from retaining distribution abilities to TABC exercising eminent domain.  The analogy is that the law gives distributors property, that isn’t theirs and that they didn’t earn without compensating the the owner of the property, the craft brewers.  

The Institute for Justice is representing the craft…

Cattleraisers Support Fairness for Landowners

“We will do whatever it takes to make sure landowners are treated fairly when an entity uses the power of eminent domain to claim land for public use.” – Robert McKnight, Second Vice President, Texas and Southwestern Cattle Raisers Association

Cattleraisers made hundreds of calls last session opposing Tryon Lewis’ common carrier bill, HB 2748. [ adminPosted in2013 legislation, 2015 legislation, activism, fairness, private property rights

RRC Common Carrier Rules Could Benefit a Landowner Lawsuit

Landowners are on a winning streak with private property rights arguments in Texas courts.  Most wins occur when a private company, like a pipeline, uses eminent domain.  The murky territory of private companies acting like public entities. 

On December 18th, the Court of Appeals for the 9th District will hear oral arguments in a case between land owners and a pipeline. These landowners won with the Texas Supreme Court. The Supreme Court  sent common carrier standards back to the a…

Eminent Domain Fight Round 2 at the Texas Legislature

This week the Railroad Commission passed rules to address when eminent domain attaches to certain common carriers. The rules will become official March 1st. The fight is making a beeline to the Legislature, which historically favors private property rights. 

Background: This eminent domain fight began because of court cases, which sided with landowners & private property rights. Legislation moved forward in 2013, but died on an elegant point of order. [ adminPosted in2013 legislation, compensation, easement, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, process & procedure, railroad commission