TEXAS RICE LAND v. DENBURY GREEN PIPELINE

No. 09-0901.

381 S.W.3d 465 (2012)

TEXAS RICE LAND PARTNERS, LTD. and Mike Latta, Petitioners, v. DENBURY GREEN PIPELINE-TEXAS, LLC, Respondent.

Supreme Court of Texas.

Decided August 17, 2012.



Rehearing denied.

ON MOTION FOR REHEARING

Justice WAINWRIGHT, joined by Justice JOHNSON, concurring.

I join the Court's opinion but write separately to address the scope of the Court's holding.

The Court holds that to be a "common carrier" carbon dioxide pipeline, and endowed by the Natural Resources Code with the power to exercise eminent domain for public use, it must do more than check a box on a government form. 363 S...

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