MOBIL PIPE LINE CO. v. SMITH

No. 08-93-00163-CV.

860 S.W.2d 157 (1993)

MOBIL PIPE LINE COMPANY, Appellant, v. Dane SMITH, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled August 4, 1993.


Attorney(s) appearing for the Case

James R. Caton, Seminole, Jeffrey J. Wolf, Jackson & Walker, L.L.P., Ft. Worth, Julia E. Vaughan, Susan R. Richardson, Cotton, Bledsoe, Tighe & Dawson, Midland, Albon O. Head, Jr., Jackson & Walker, L.L.P., Ft. Worth, for appellant.

Gerald Huffaker, Huffaker, Green & Huffaker, Tahoka, TX, for appellee.

Before OSBORN, C.J., and KOEHLER and LARSEN, JJ.


OPINION

OSBORN, Chief Justice.

In what appears as a case of first impression, this Court must decide what right an owner of a pipeline right-of-way has to enter upon farmland and lay a pipeline when there is no agreement with, but objection from, the tenant who farms the land under a lease at will. Mobil, as owner of the right-of-way, was denied access by the tenant, and the trial court denied a temporary injunction to permit access to the land being...

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