5th Circ. Won't Enjoin Trans-Pecos Pipeline In Takings Fight

By Michelle Casady (October 3, 2017, 8:22 PM EDT) -- The Fifth Circuit on Tuesday rejected a bid from a Texas ranch owner to stop an Energy Transfer Partners pipeline entity from taking part of his property, finding he is unlikely to succeed on his claims that Texas' eminent domain system is an unconstitutional violation of his right to due process.

In denying rancher John Boerschig's request to enjoin Trans-Pecos Pipeline LLC from taking a 50-foot-wide permanent right of way and easement on the 11,000 acres he owns in far West Texas, the three-judge panel upheld a district court's decision not to stop the project, but on different grounds. The Fifth Circuit...

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