Father and son fight pipeline operator over land condemnation near Farmersville
“Last year, Freddy Davenport and his son decided to fight the operator of a pipeline system that declared eminent domain to use his land near Farmersville.
The operator doesn’t have the right, father and son said.
A judge disagreed.
In November, Collin County Court at Law No. 2 sided with Seaway Crude Pipeline Co. on the question of whether it is a common carrier. The term describes companies that others can hire to transport goods. Common carriers can claim eminent domain powers under state law.
When pipeline operators file a one-page application with the Texas Railroad Commission — the state agency that oversees the oil and gas industry — they can check a box for “common carrier” or “private line.” The agency doesn’t vet the information.
It’s up to landowners to question a pipeline operator’s eminent domain rights.”
Chiquillo, Julieta. Dallas Morning News 28 December 2014.