Pipeline Gives Denbury Eminent Domain, Texas Judge Finds

Law360, Dallas (March 25, 2014, 6:06 PM EDT) -- A Texas state judge on Monday said a Denbury Resources Inc. carbon dioxide pipeline qualifies as a common carrier with the power of eminent domain to take private land after the company showed it had lined up third-party customers, setting up a likely appeal.

Denbury successfully argued because it had lined up third-party customers for its Green pipeline, which crosses farmland owned by Texas Rice Land Partners Ltd., that it meets a heightened standard set out in a landmark 2012 Texas Supreme Court ruling that held...
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