Eminent Domain Debate Goes To The Railroad Commission
“Last year at a farm in outside of Beaumont, Dick O’Keefe sat at the kitchen table and talked about how a pipeline had come to his land. The company had claimed eminent domain powers. O’Keefe was not convinced.
“The pipeline companies should have to demonstrate that they have the right of eminent domain before they ever start beating the streets and handing out contracts,” O’Keefe said. “The threshold for them is extremely low.”
The Texas Supreme Court agrees with that assessment. In a 2011 decision, the court called the process giving eminent domain powers to pipeline companies nothing more than a “registration.” In the ruling the court said “No notice is given to affected parties. No hearing is held, no evidence is presented, no investigation is conducted.””
Buchele, Mose. State Impact 22 September 2014