Can a private pipeline utilize eminent domain to initiate condemnation proceedings for a pipeline easement. I can appreciate that a common carrier pipeline, publicly regulated, can claim it serves the public good. But a private pipeline seems a stretch? If they can, what’s to stop a power company from condemning 2,000 acres for a solar panel installation?
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A private pipeline can qualify as a common carrier in Texas. It is not restricted to publicly traded companies. The test is whether it will carry oil or gas for third parties, not just their own products. Eminent Domain in Texas (Part 3) - Oil and Gas Pipelines - Texas Agriculture Law
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thank you for the explanation
They can also call it a “gas gathering pipeline” and invoke eminent domain. Otherwise, supposedly, the gas would have to be flared, resulting in economic waste - so, a public good.
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