Texas Appeals Court Upholds Keystone XL Land Grab

Law360, Houston (May 23, 2013, 6:26 PM EDT) -- A Texas appeals court on Thursday removed a hurdle to TransCanada Corp’s planned Keystone XL Pipeline, rejecting a landowner’s argument that the company should have been forced to prove it qualified as a common carrier before it was given access to private property.

The Ninth District Court of Appeals denied a petition for mandamus urged by Texas Rice Land Partners LP, which asked the appeals court to overturn a trial court’s order allowing TransCanada to take immediate possession of some of its land while litigation over the company’s power to condemn land remained unresolved.

“The primary purpose of the provisions of...

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