Anyone have thoughts on this case Texas Rice Land Partners v. Denbury Pipeline . Reading a blog about it sounds ominous for pipeline companies seeking ROW's in Texas.
Ominous ? Or does it simply mean the pipeline company may have to deal in good faith rather than simply making a lowball offer and run to the courts when it is refused ? I realize that going around would cut into profits, but why should a for profit enterprise get to force the use of my property ? We are not talking about a highway that the public would use daily. A pipeline is a for profit business, to service other for profit businesses, not the public. Forcing the use of my property for a pipeline would be no different in my mind than forcing someone who owned a city lot to sell it to me at my asking price so I could erect a gas station and convenience store, except the gas/convenience store would probably have more to do with the public good.
This land was your land....now its my land....
From California, to the New York Island
From the redwood forest, to the gulf stream waters
This land was made just for me.
(with sincere apologies to Woody Guthrie)
Texas Riceland Partners is a very strong riceing syndicate in Jefferson County, Texas - the county adjoining where I live.
This was real big news. I am surprised that it went to the Supreme Court, however TRP has the financial wherewithal to get it there. Sure, they grow a lot of rice, but the real money was made in oil and gas.
Denbury came through here like Sherman on his march to the sea. We dealt fairly and firmly. However, the main tract that I dealt with them on, its highest and best use was as a pipeline corridor. They did not want to see a condemnation hearing on that claim of highest and best use.
I strongly criticized HB 3586 and especially the CO2 sequestration pork for much the same reasons.
As to condemnation rights - the "common carrier" making the T-4 application fills in its own blanks to designate itself as a common carrier. This ruling forces the courts to determine if that is really the case.