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TransCanada Pipeline Eminent Domain Construction Subject to Litigation and Temporary Restraining Order

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TransCanada Pipeline Eminent Domain Construction Subject to Litigation and Temporary Restraining Order

TransCanada’s XL Pipeline seeks to transport oil from tar sands to points in Houston and Port Arthur, Texas. But to do so, TransCanada must obtain permission from property owners in Texas to build its pipeline. Some such property owners have not been willing to have the pipeline traverse their land, and one has obtained a temporary restraining order halting the eminent domain proceedings and construction.

The New York Times had this story. A judge in Lamar County, Texas has issued a temporary restraining order preventing TransCanada from exercising eminent domain over a farmer’s property, which had been in the family for generations. The court issued the temporary restraining order until a hearing can be had based on questions regarding whether TransCanada qualifies as a “common carrier” entitled to eminent domain under Texas law. The path of TransCanada’s XL Pipeline takes it through the Eastern portions of Texas, although landowners’ objections may alter that path eventually.

As a law firm with experience in eminent domain matters, Murr Yanochik, P.L.L.C. is monitoring developments in Texas closely. Should you have any questions arising out of this or other eminent domain issues, give us a call.