Referencing petroleum definition for common carrier status.
(2) Is the meaning of he term "mixture" referencing a hydrocarbon with a non-hydrocarbon or is it referencing to a mixture of gas and liquid states of matter?

Specifically the hydrocarbon C2H4 (ethylene) transported via pipeline is a compressed gas. Does the private pipeline company enjoy common carrier status with this product?

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Posted by theOG

Member since Feb 2010

10508 posts

Posted on 12/4/17 at 12:50 pm to CharleyLake

quote:
"Petroleum" means crude petroleum, crude petroleum products, distillate, condensate, liquefied petroleum gas, any hydrocarbon in a liquid state, any product in a liquid state which is derived in whole or in part from any hydrocarbon, and any mixture or mixtures thereof

To me, "mixture or mixtures thereof" refers to a mixture or mixtures of any of "crude petroleum, crude petroleum products, distillate, condensate, liquefied petroleum gas, any hydrocarbon in a liquid state, or any product in a liquid state which is derived in whole or in part from any hydrocarbon."

In Louisiana, courts give words in statutes their generally prevailing meaning, except when the words are words of art or technical terms, in which case they are given their technical meaning. I don't know shite about oil/gas, so I have no idea if "mixture" is technical industry jargon. If it is, then it takes on that meaning.

THIS IS NOT LEGAL ADVICE!!!!!!!!! Hire a lawyer who knows this stuff.

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Posted by CharleyLake

Member since Oct 2006

1326 posts

Posted on 12/4/17 at 2:21 pm to theOG

I have engaged an attorney that is familiar with eminent domain and expropriation matters and who could negotiate a Right-of-Way and Servitude. I only hope to find an explanation of the statute for the time being from someone that has better literacy awareness than I do.

Initially the landman told me that he represents a company that is a "common carrier" who serves a "public purpose." Ethylene is a feedstock that is used in making plastic pipe. The company is a private-for-profit company that wants to obtain property from private landowners. Seemingly there is very little incentive for the pipeline company to pay fair market value.

I wish to learn more about landowner's rights. Thanks.

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