Texas Pipeline Cos. Now Under Closer Watch

Law360, New York (July 12, 2013, 12:13 PM EDT) -- Two recently decided Texas cases illustrate that heightened scrutiny of pipeline companies' status as common carriers may be applied when landowners challenge their ability to secure easements by eminent domain. Following a departure by the Texas Supreme Court in 2012 from a long-standing practice in which pipeline companies were essentially presumed to be common carriers with eminent domain authority, these recent decisions suggest that courts increasingly will take a harder look to ensure that a pipeline will serve a public use.

While many questions remain as...
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