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Eminent Domain Might Be Losing Power in Texas

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white cloud Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-18-11 02:45 AM
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Eminent Domain Might Be Losing Power in Texas
Eminent domain in Texas might be redefined if a recent court ruling is upheld by higher courts. The court considered is the remainder value of the Donnells family lands in McMullen County, TX and not the pipeline right-of-way alone. The decision required the pipeline company to compensate the family for depreciation of all lands. That includes land not directly impacted by the pipeline.

The family successfully argued that the land lost value due to its proximity to the pipeline. Essentially, they argued more than just the right-of-way was affected by the pipeline and additional compensation should be required. The pipeline company has been ordered to pay the family $600,000, but the decision will be challenged in higher courts before we get a final decision.
http://www.eaglefordshale.com/2011/11/eminent-domain-mi...
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sonias Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-18-11 08:09 AM
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1. I think that one is good for the landowowners
We'll see if this hold up in the higher courts. If this makes it to the Texas Supremes they will rule with the pipeline - because they are all pro-business.

:shrug:
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white cloud Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-18-11 02:47 PM
Response to Reply #1
2. You are probably right but
I am hopeing that the strong landowner laws they talk about could turn the tables on big oily.
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