Texas Rice Land Partners, Ltd. and Mike Latta v. Denbury Green Pipeline-Texas, Llc

We deny the motion for rehearing. We withdraw our opinion of August 26, 2011 and substitute the following in its place.

The Texas Constitution safeguards private property by declaring that eminent domain can only be exercised for “public use.” 1 Even when the Legislature grants certain private entities “the right and power of eminent domain,” 2 the overarching constitutional rule controls: no taking of property for private use. 3 Accordingly, the Natural Resources Code requires so-called “common carrier” pipeline companies to transport carbon dioxide “to or for the public for hire.” 4 In other…