Recently, the First District Court of Appeals in Houston sided with a landowner who challenged the eminent domain authority of a pipeline company seeking to condemn property. The case is important for landowners and helps to further flesh out the facts that a pipeline company must be able to show in order to be a “common carrier” and illustrates some considerations in proving fair market value. [Read full opinion here.]
The Hlavinkas own 15,000-16,000 acres of land in Brazoria County, which they purchased in 2002 for the “primary purpose of generating income by acquiring additional pipeline easements.” When they purchased the land, it had over twenty-five pipelines already in place.
Read more from Tiffany Dowell with Texas A&M AgriLife Extension here.