Thursday, February 16, 2012

Pipelines and eminent domain in Texas: Is a pipeline a "public use" under the Texas Constitution?

Here's controversy over the meaning of constitutional terminology - it can happen in Texas too.

Property owners in the state are complaining about  pipelines forcibly constructed over their land. The pipeline companies argue that doing so is legal in the same sense that it would be legal to construct a highway. The highway allows for "public use" of the land and fits within the limits set in both the Texas and US Constitutions. But is a pipeline a public use? Property owners argue that the state is allowing the companies access to their land for a public benefit, which is not allowed under either Constitution.

In August the Texas Supreme Court ruled against Denbury Resources saying that their proposed pipeline was not a public use. Pipeline companies are pushing back however.