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re: Pipeline on farmland

Posted on 12/20/22 at 9:32 am to
Posted by ragincajun03
Member since Nov 2007
21380 posts
Posted on 12/20/22 at 9:32 am to
quote:

You need to get verification that that the pipeline company does have expropriation authority under Eminent Domain.


Being Trans Canada is a midstream company and not in the extraction business, and being how far this pipeline is from the OP's description, I'd be willing to bet a whole lot of money this is a common carrier line. Therefore, yes, they have a path to condemnation if need-be.

However, even if it means they have to triple their initial offer of $200/rd. to the OP, it'll still be better for them to pay that bit of money than having to spend Legal fees and time gaining its rights via the courts.

Looks like they're already about to double their offer to OP.
Posted by CharleyLake
Member since Oct 2006
1327 posts
Posted on 12/20/22 at 4:12 pm to
Pipeline companies usually do not like to initiate expropriation proceedings since proceedings can be a public relations nightmare that can be avoided as well as the reasons that you mentioned. Usually an agreement is made before the process is initiated.

Texas is beginning to recognize the abuses of eminent domain much quicker than other states. A good read is a recent Texas Supreme Court Decision-Hlavinka vs. HSE Pipeline.
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