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NEW courtroom showdown: Texas Rice Farmers challenge TransCanada's claim to eminent domain to build Keystone Pipeline
Rice Farmers same group that secured the TX Supreme Court decision against Denbury Green Pipeline Co.
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WHO: South Texas Rice Farmers challenge quick take eminent domain and
TransCanada's common carrier status that gives them eminent domain authority to build
Keystone XL Pipeline
WHAT: Court Hearing - Texas Rice Land Partners v TransCanada
Hearing to challenge the Right to Possession pending litigation and insisting Company
prove right to eminent domain before trenching of pipeline begins
WHEN: Wednesday, September 12, 10:00 AM
WHERE: Jefferson County Court at Law #1, 2nd floor, 1149 Pearl St., Beaumont, TX 77701
BACKGROUND:
Texas Rice Land Partners and other landowners will be before a Jefferson County judge challenging TransCanada's right to a writ of possession which would allow trenching to begin on land owned by the defendants, including the James and David C. Holland and Latta families, for the southern segment of the Keystone XL tar sands pipeline.
The Texas Rice Land Partners case is emblematic of the continuing struggle of Texas landowners being tread upon by a private company taking land for private use, and foreign profit.
The Holland family has somewhere from 48 to more than sixty (60) oil and gas pipelines on their property. Only two companies have ever taken property using eminent domain: Denbury Green and TransCanada.
Texas courts have long held that property owners could not challenge property takings by pipelines, but a recent, unanimous Texas Supreme Court decision, which highlighted the fight between Texas Rice Land Partners v Denbury Green Pipeline Co. changed that equation. In the Denbury Green court case, the justices unanimously ruled that the pipeline company had to prove it meets the state's statutes as a common carrier pipeline, serving a legitimate 'public use,' before it should be given the right to forcibly "take" private property using eminent domain.
Indeed, the case proved that Plano,Texas-based Denbury was shipping carbon dioxide in its pipeline from one private affiliate to another, which fails to meet the requirements as a public use. Though the high court has been urged to reconsider this case, the decision has been repeatedly upheld.
The Texas Railroad Commission approved TransCanada's permit to operate a pipeline as a common carrier, yet the agency has stated that it doesn't review the applications for pipelines and doesn't have the authority to determine common carrier status or give eminent domain permission to TransCanada. TransCanada will need to prove to the court that they meet the legal requirements and are transporting the product for the public good or for public use.
TransCanada has begun trenching its pipeline south of Paris, Texas and near the City of Livingston in recent weeks.
Photo Ops: One-on-one interviews with defendant landowners in attendance
Visual of supporters at hearing
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 TURF is a non-partisan, grassroots, all-volunteer group defending citizens' concerns with Agenda 21, toll road policy, public private partnerships, and eminent domain abuse. TURF promotes pro-taxpayer, pro-freedom, & non-toll transportation solutions. For more information or to support the work of TURF, please visit www.TexasTURF.org.
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