Texas Common Carriers May Soon Be Running In Circles

Law360, New York (March 5, 2015, 10:32 AM EST) -- On Feb. 12, 2015, the Beaumont Court of Appeals in Texas Rice Land Partners Ltd. et al v. Denbury Green Pipeline-Texas LLC, No. 09-14-00176-CV (referred to in this article as Denbury II) reversed and remanded a district court judgment granting summary judgment in favor of Denbury that its Green Line pipeline is a common carrier with the power of eminent domain. This represents the latest step in the legal saga that has already significantly changed the dynamics of establishing common carrier status in Texas for purposes of providing pipelines with the power of eminent domain under Chapter 111 of the Texas Natural Resources Code....

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