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AMASON v. NATURAL GAS PIPELINE CO.

No. C-2929.

682 S.W.2d 240 (1984)

Randle L. AMASON et ux., Petitioners, v. NATURAL GAS PIPELINE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied January 16, 1985.

Attorney(s) appearing for the Case

McKool & Vassalo, Bill Liebbe, Dallas, for petitioner.

Vick & Vick, G. Thomas Vick, Jr., Weatherford, for respondent.

RAY, Justice.

This is a land condemnation case involving the procedural issue of which party, condemnee or condemnor, bears the burden of going forward to trial to determine whether the condemnor possesses the right to condemn the sought-after land. We hold that when a condemnee properly contests a condemnor's right to condemn, the condemnor bears the burden to go forward to trial on that issue. In 1981, the Natural Gas Pipeline Company (Pipeline) sought a permanent...

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