Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, Ltd.

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T-4 permit to Denbury Green Pipeline-Texas, LLC to obtain common-carrier status, which would give it eminent domain authority pursuant to the Natural Resources Code. Denbury Green, which was formed to build and operate a carbon dioxide pipeline known as “the Green Line” as a common carrier in Texas, filed suit against Texas Rice Land Partners, Ltd. for an injunction allowing access to certain tracts of land so that it could complete a pipeline survey. While the suit was pending, Denbury Green took possession of Texas Rice’s property pursuant to Tex. Prop. Code 21-021(a). The trial court concluded that Denbury Green was a common carrier with eminent domain authority. The Supreme Court reversed and remanded for proceedings consistent with the common-carrier test the Court established. The trial court granted summary judgment for Denbury Green. The court of appeals reversed, concluding that reasonable mind could differ regarding whether, at the time Denbury Green intended to build the Green Line, a reasonable probability existed that Green Line would serve the public. The Supreme Court reversed the judgment of the court of appeals and reinstated the trial court’s judgment, holding that Denbury Green is a common carrier as a matter of law. View "Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, Ltd." on Justia Law