Recent Eminent Domain News – July 31 Update

Get caught up on the latest in eminent domain news in Texas.

Kinder Morgan files suit against Kyle over pipeline law

Source: Hays Free Press

The ongoing battle over Kinder Morgan’s proposed Permian Highway Pipeline (PHP) took a turn recently when the Houston-based energy firm filed litigation against Kyle.

Basis for the lawsuit, filed July 21 at the U.S. District Court in Austin, stems from Kyle’s pipeline safety ordinance that was approved by its city council in May. Among other contingencies, the new rules would require the PHP to be buried some 15 feet underground in some areas.

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Hays County to join second legal action against Permian Highway Pipeline

Source: Community Impact Newspaper

Hays County is taking a second legal action related to the Permian Highway Pipeline — and not giving up on the first.

Commissioners voted July 16 to join the Travis Audubon Society and several private plaintiffs in filing a notice of intent to sue the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and Kinder Morgan — the company developing the project — in relation to the planned natural gas pipeline’s potential disruption of endangered species habitat.

At the same meeting, the court agreed to support the appeal of its previous lawsuit against the Texas Railroad Commission, which takes issue with the public process around oil and gas pipelines and was recently dismissed in Travis County District Court.

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Goforth SUD could obtain eminent domain powers

SourceHays Free Press

An area special utility district (SUD) could gain powers to build an 11-mile pipeline should officials approve a proposed groundwater permit to pump close to one billion gallons of water annually from the Trinity Aquifer.

Goforth SUD could obtain eminent domain powers allowing construction of infrastructure that could funnel water from test wells near Wimberley, owned by Electro Purification (EP), to its customers in Hays, Travis and Caldwell counties.

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Supreme Court Stays Lower Court Ruling Against Trump’s Border Wall Construction

Source: Reason Foundation

Earlier today, the Supreme Court issued a stay against a lower-court injunction blocking President Donald Trump from diverting military funds to build his border wall. At least for the moment, Trump can therefore continue to divert the funds for wall construction until the lower courts (and possibly the Supreme Court) issue a final decision on the case. The decision was a 5-4 split along ideological lines, with the five conservative justices voting to stay the injunction, while the four liberals all dissented.

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