Texas RRC Common Carrier Rule Making- Check Mate to the Legislature?

RRC staff recommendations approved this week clarify when a pipeline may call itself a common carrier. It’s a response to the 2013 Legislature’s failed fix, which was publicly killed on a point of order.
 
This chess game began when a court called into question whether a pipeline was a common carrier. The court thereby restrained the pipeline’s use of eminent domain.  It was a huge win for landowners. 
 
When you need land to build pipeline…

Landowners are told No, No by the Texas Supreme Court. Legislators Start Drafting Bills.

Today the Texas Supreme Court denied a second motion for re-hearing by The Crawford Family Farm Partnership. They’ve been engaged in years of legal tussling to prevent the TransCanada Keystone pipeline from crossing their land. There have been temporary restraining orders, appeals, hearings, re-hearings. If there is a legal motion, its been filed. If there is a news publication, they’ve run a piece on the Keystone pipeline. The lawyers and PR folks are earning their keep. 
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Legislating land speculation is the legislative fight du jour. It’s a big battle over property rights in the Sooner State.

Private property rights supporters love it. The business community, utilities, pipelines, and municipalities say it will handcuff the state’s ability to grow.[News OK] 
This is one to watch. In Texas, the FBI is investigating right of way purchases in North Texas, which some say was land speculating because of the potential use of eminent domain while constructing I-35E.