Beaumont justices hear oral arguments in pipeline ‘common carrier’ case
“Appellate judges in Beaumont are considering a case against a pipeline company that could more clearly define how Texas law defines a common carrier.
Attorneys for Texas Rice Land Partners Ltd. and the Denbury Green Pipeline-Texas presented oral arguments to justices on the Texas Ninth District Court of Appeals in Beaumont on Dec. 18.
The case has been in the courts for more than six years, and began when Jefferson County landowners James E. Holland and David C. Holland, their business Texas Rice Land Partners and their tenant Mike Latta were approached by Denbury Offshore to conduct a survey on their land. Denbury had plans to build a gas pipeline through the Hollands’ property.
The property owners balked at allowing the survey, and the matter became a legal fight. Eventually, Denbury took the land anyway and built the pipeline, claiming the pipeline would be for public use and gave the company the right of eminent domain. Eminent domain is the legal authority for a government entity or a private entity authorized by the government to take private property for public use.”
Tennissen, Marilyn. Southeast Texas Review 19 December 2014.