Texas Rice Land Partners Ltd. v. the Denbury Green Pipeline-Texas has been a hot legal topic for years. The repurcussions have been:
- a 6+ year lawsuit, which may be on a path back to a jury trial
- 2013 legislation that was a hot target for points of order
- 2014 rule making that is a hot target for legislative action by private property advocates
- 2015 legislation is inevitable.
Posted in2013 legislation, 2015 legislation, legal trend, legislation trend, pipelines/common carriers, private company, private property rights, railroad commission
Fracking Ban Leads to Inverse Condemnation Suits
New York prohibits fracking. Mineral rights owners and companies with existing leases may file suit claiming that the fracking prohibition is tantamount to the state government taking their private property.
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…
TPPF on the Case of the Pipeline that Will NOT Pay the Judgment Against It
Information Intelligence has written about the pending TX Supreme Court case about a pipeline that owes a landowner a hefty judgment and hasn’t paid it. The case is gaining attention and momentum. TPPF weighs in on the case of the non-paying pipeline:
- “…energetic property rights is what enables individuals to attain self-sufficiency and assert their independence…”
- “Democratic government is not exempt from the temptation to circumvent the boundaries of private pro…
TPPF Refresher: Transmission Lines Also Carry Eminent Domain Power
This week TPPF released a private property rights paper about a pipeline company facing a judgment in excess of $1.6M against it. The judgment is unpaid and no bond is posted for appeal. It has ruffled feathers.
In the paper, TPPF reminds us transmission lines are no different that pipelines in that they both are private companies that have the power of eminent domain.
TPPF stresses 2 major points:
- When private companies have eminent domain authority the scrut…
Royalties to be paid to Owners of Property Taken by Eminent Domain
Compensation of land owners is a common refrain in eminent domain debate. When property is taken by private companies, such as pipelines, the debate grows more intense.
Massachusettes is considering a 12.5 percent royalty on any oil and gas transported in a pipeline through Massachusettes and ultimately sold to a foreign country. The royalty would be split amond land owners and is in addition to any compensation from taking of land through eminent domain. Posted incompensation, legislation trend, pipelines/common carriers, private company
Denton Fracking Ban Leads to Eminent Domain Claims by Mineral Rights Owners
The City of Denton passed a proposition to ban fracking. It’s led to lawsuits to stop the implementation of the ban.
New lawsuits may emerge from mineral rights owners. Mineral Rights owners could assert that the fracking ban ordinance unfairly restricts their ability to use their property. In short, that the city used a form of eminent domain to take their property and didn’t compensate the mineral rights owners for taking away their ability to extract the minerals. Posted ininverse condemnation, land use, legal trend, legislation trend, pipelines/common carriers
Cost of Eminent Domain Protests
Protesting eminent domain & protesting pipelines has become de rigueur. But, what is the cost impact?
WallStreet Journal examines the slowed development of Keystone XL pipeline and 10 other pipeline projects. The total economic cost of these projects is more than $20 billion. [WSJ]
3 Reasons Private Property Rights Proponent Dislike the RRC Common Carrier Rules
Private property rights proponents say the RRC common carrier rules do not go far enough to protect private proeprty rights. 10 years ago, maybe this wouldn’t be a big deal. But, there’s an oil and gas boom in a state that has 97% of its land privately owned. If a private company wants to build a pipeline to move the oil and gas; it’s going to have to deal with private landowners.
Property rights proponents say the common carrier rules are:
- too vague
- might n…
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…