November 30, 2013 § Leave a comment
Texas Rice Land Partners, Ltd., the landowners who fought against the Denbury Green Pipeline in Texas Rice Land Partners, Ltd. v. Denbury Green Pipeline-Texas, LLC, are now in the midst of another pipeline battle — this time with the contentious Keystone Pipeline. The Beaumont Court of Appeals denied the landowners’ writ of possession challenge and concluded that, based on the Texas Supreme Court’s reasoning in Denbury, Keystone may hold eminent-domain authority as a common carrier. The Court held that once shown, and the other statutory requirements are met, a trial court can grant possession of the property to the pipeline. This is appropriate even as disputed issues, such as Keystone’s common carrier status, remain in the lawsuit. Therefore, the landowners’ right-to-take challenge will be decided during the trial phase of the case.
 Texas Rice Land Partners, Ltd. v. Denbury-Green Pipeline-Texas, LLC, 381 S.W.3d 465 (Tex. 2012).  In re Texas Rice Land Partners, Ltd., No. 09-12-00484-CV, 2013 WL 2250717, at *5 (Tex. App.—Beaumont May 23, 2013, no pet. h.).  See id.  See id. at *4