Legal Opinion
John Boerschig v. Trans-Pecos Pipeline, L.L.C.
Court of Appeals for the Fifth Circuit
Decided October 3, 2017No. 16-50931PublishedCited by 22 opinions
1Opinion of the Court
GREGG COSTA, Circuit Judge:
Texas law allows a natural gas utility to condemn land for “public use.” Tex. Util. Code § 181.004; Tex. Const, art. I, § 17(a). Trans-Pecos Pipeline, LLC exercised that authority and initiated a condemnation proceeding to obtain a 50-foot wide permanent right-of-way and easement- on John Boerschig’s ranch. The ranch is along the route of a 148-mile pipeline Trans-Pecos is constructing in west Texas that terminates at the Mexican border in the middle of the Rio Grande.
Boerschig contends that by ceding condemnation power to a private company, Texas eminent domain law…
2Cases cited44 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
- Sprint Commc'ns, Inc. v. JacobsSupreme Court of the United States · 2013
- Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001
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3Cited by22 opinions
- Surender Malhan v. Secretary United States DepartCourt of Appeals for the Third Circuit · 2019
- National Horsemen's Benevolent v. BlackCourt of Appeals for the Fifth Circuit · 2022
- 375 Slane Chapel Road, LLC v. Stone County, MissouriCourt of Appeals for the Eighth Circuit · 2022
- Andrew Rice v. Village of Johnstown, OhioCourt of Appeals for the Sixth Circuit · 2022
- Consumers' Research v. FCCCourt of Appeals for the Fifth Circuit · 2024
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