Texas Appeals Court Nixes Denbury Common Carrier Ruling

Law360, Houston (February 12, 2015, 9:31 PM EST) -- A Texas appeals court on Thursday reversed a trial court's summary judgment in favor of Denbury Green Pipeline-Texas LLC in a suit over whether it held common carrier status with the power of eminent domain, finding a question remained over whether the company's pipeline would serve the public.

James E. Holland and David C. Holland, a pair of Texas cattle ranchers and rice farmers, appealed a lower court's ruling that because the company had lined up third-party customers for the carbon dioxide pipeline crossing the Hollands' land, it met the standard for a common carrier and had the power to take...

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