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

When determining public use, the existence of the public's right to use the pipeline controls over the extent to which that right is, or may be, exercised. Beaumont Court of Appeals, No. 09-09-002-CV, 09-24-2009.

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OPINION

This is an appeal from a final summary judgment granting Denbury Green Pipeline-Texas LLC (“Denbury Green”) a permanent injunction against appellants, Texas Rice Land Partners, Ltd. and Mike Latta (collectively “Texas Rice”). After Texas Rice repeatedly refused to allow Denbury Green to enter the subject property to conduct surveys for the location and placement of a carbon dioxide pipeline, Denbury Green filed an Original Petition for Temporary Restraining Order and for Temporary and Permanent Injunction to prevent Texas Rice from interfering with Denbury Green’s alleged right to enter the property as a common carrier. After the presentation of evidence and argument by both parties, the trial court granted Denbury Green’s request for temporary injunction. Thereafter, the parties filed cross motions for summary judgment. The trial court entered judgment for Denbury Green permanently restraining Texas Rice from interfering with Denbury Green’s survey rights.

The trial court found that Denbury Green proved as a matter of law that Denbury Green “is a common carrier pursuant to Section 111.002(6) of the Texas Natural Resources Code,” and has “the power of eminent domain/authority to condemn/right- to-take pursuant to Section 111.019 of the Texas Natural Resources Code.” The trial court further permanently enjoined Texas Rice and its tenant, Mike Latta, from interfering or attempting to interfere with Denbury Green’s right to enter and survey the route along which Denbury Green’s proposed pipeline would follow across Texas Rice’s land.*fn1

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