Recent Eminent Domain News – June 27 Update

Find out what’s been happening in eminent domain news around Texas.

Kinder Morgan eminent domain lawsuit dismissed

Source: Hays Free Press

A Travis County District Judge Tuesday dismissed litigation aimed at halting Kinder Morgan’s $2 billion, 420-mile Permian Highway Pipeline (PHP).

According to multiple reports, Travis County District Judge Lora Livingston dismissed all claims within the suit, which included an injunction meant to stop the routing process of the PHP. The suit also sought for the Texas Railroad Commission (TRC), which oversees the oil and natural gas industry in the state, to provide more oversight on the routing process for natural gas pipelines.

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Recent Eminent Domain News – June 27 Update

Barber lost his land due to eminent domain, now he wants his money

Source: WFAA

Carlos Ray wants to get paid before he’s forced to move out of his barbershop’s building.

About a year ago, Ray learned that the Texas Department of Transportation planned to buy his land to make way for construction on Loop 9, which will connect Interstate 35E and Interstate 45 in northern Ellis County.

“I understand it’s for the better good of the public,” Ray said. “But at the same time, do not put me out of my building without paying me for it.”

So far Ray has not received a penny.

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Permian Highway Pipeline poses imminent threat

Source: San Antonio Express-News

Known worldwide for its rustic hills, wildflower-filled valleys and sparkling rivers and creeks, the Hill Country is now being threatened by a pipeline that will carry gas from West Texas. Kinder Morgan’s 430-mile-long Permian Highway Pipeline will cut through the heart of Texas, impacting the region’s waterways and wildlife.

Besides being renowned for its peaches, wineries, ranches and nature tourism, the Hill Country is the only breeding ground on Earth for the golden-cheeked warbler. This small endangered songbird migrates from Central America to Texas each year to breed among the area’s old growth oak-juniper forests. The bark of mature ashe juniper trees (known as cedar), is the key material for the bird’s nest-building. The pipeline will cause habitat destruction and affect other endangered or threatened species, including salamanders, spiders and Texas wild rice, all endemic.

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Texas Supreme Court Upholds Condemnation of Private Drive

Source: Texas Agriculture Law Blog

The Texas Supreme Court recently upheld the condemnation of a private drive in a case that tested the scope of “public” use under the Texas Constitution and the meaning of Texas Government Code 2206, which prohibits taking private property for certain economic development purposes.

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