News & Resources

Power to Condemn for Refined Oil Products Defined in Hlavinka V. HSC Pipeline Partnership

March 11, 2022 Posted in Eminent Domain / Condemnation, Industry News Share

Hlavinka V. HSC Pipeline Partnership Overview

The primary issues in this case are whether (1) Texas law grants eminent domain authority to a pipeline company shipping polymer grade propylene; (2) a pipeline shipping a product from the pipeline owner’s sole manager to a single unaffiliated customer constitutes a public use; and (3) the landowner may properly testify that the highest-and-best use of the taken land is a pipeline corridor, and value the land taken with past, private pipeline easement sales on the subject property.

Our Involvement

We have filed an amicus brief on behalf of the Texas Land & Mineral Owners Association where we argue that the statute the pipeline company relies upon in support of its purported power to condemn does not actually give the pipeline company the power to condemn because the pipeline company is shipping a refined product and not crude petroleum. The Texas Land & Mineral Owners Association supports the landowner in the case regarding whether this pipeline company can condemn as a part of its effort to keep pipeline companies accountable to the black letter of the law.

To listen to The Supreme Court of Texas’ recording of Hlavinka V. HSC Pipeline Partnership (Cause No. 20-0567), click here.