The eminent domain use at issue in the litigation: pipeline
What issues were percolating for the 1st court of appeals?
- is a single customer on the receiving end of a pipeline enough to get common carrier status?
- The pipeline failed the Texas Supreme Court’s Texas Rice test for common carrier status
The legislative issue that arises: The only way to challenge a common carrier assertion by a pipeline in its filings with the Texas Railroad Commission is for a property owner to sue.
Bluebonnet News | Editorial: Victory in the courts for Texas property owners
Same in Drovers