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Surface Owner’s Regulatory Taking Claim Denied

Co-author Alexandra A. Crawley In Walton v. City of Midland, the surface owner of a 35 acre tract within the city limits of Midland, Texas, contended that a provision in a city permit for an oil or gas...

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For Success Against a Pipeline, Go to the Right Court

The first step in successfully challenging the Keystone Pipeline: Choose a court that has jurisdiction. Mr. Bishop learned that lesson the hard way in Bishop v. TransCanada Keystone Pipeline. Mr....

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Reaping What You Sow – City of Dallas Sued by Trinity East Energy

Suppose I own a large tract of land in the region of the Barnett Shale, the exclusive right to allow (or prevent) drilling on the aforesaid land, and a desparate need for funds. You have $19 million...

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Native Gas and Storage Gas: Who Owns It?

Northern National Gas Company vs. Approximately 9117 Acres in Pratt, Camden and Reno Counties, Kansas shows the relationship between Kansas oil and gas law and the Kansas Underground Storage Act (KSA...

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Denbury Part II: Big Changes Coming in Texas Pipeline Condemnations ?

Co-Author Martin P. Averill Is Denbury’s Green Pipeline a common carrier? That question is alive and well in Texas. In Texas Rice Land Partners Ltd. v. Denbury Green-Texas Pipeline, LLC,  the Beaumont...

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It’s Now Easier To Be a Common Carrier Pipeline in Texas

We now know what it takes to establish common carrier pipeline status in Texas.  According to the Texas Supreme Court in Denbury Green Pipeline Texas LLC v. Texas Rice Land Partners Ltd., all that is...

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Lignite Lease Prevails Over Pipeline Easement

Co-author Rusty Tucker San Miguel Electric Coop is a Texas nonprofit electric cooperative that owns and operates a power plant that supplies electricity to 38 Texas counties. After a four-week absence,...

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Status as a Common Carrier Denied by a Texas Court

Co-author Rusty Tucker In Hlavinka v. HSC Pipeline P’ship, LLC, a Texas court denied a pipeline company’s claim that it is a common carrier with the power of eminent domain. The Hlavinkas own...

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Louisiana Oil Pipeline Expropriation System is Constitutional

The battle lines between pipeline companies and landowners are still being drawn. In Bayou Bridge Pipeline v. 38.00 acres nobody had a gun, nobody got taken away, and one side was right and one side...

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Pipeline Prevails Over Governmental Entity in Condemnation Dispute

Author Ethan Wood A pipeline company condemning property of a governmental entity? That’s something you don’t see every day. Score a win for “big pipe” against “big government”. In Harris County Fresh...

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