{"id":29725,"date":"2013-07-16T07:37:33","date_gmt":"2013-07-16T12:37:33","guid":{"rendered":"http:\/\/stateimpact.npr.org\/texas\/?p=29725"},"modified":"2013-07-17T10:42:54","modified_gmt":"2013-07-17T15:42:54","slug":"how-changes-to-eminent-domain-failed-and-why-some-say-thats-just-fine","status":"publish","type":"post","link":"https:\/\/stateimpact.npr.org\/texas\/2013\/07\/16\/how-changes-to-eminent-domain-failed-and-why-some-say-thats-just-fine\/","title":{"rendered":"How An Overhaul of Eminent Domain Law Failed In Texas"},"content":{"rendered":"
\"Efforts<\/a>

MATT STAMEY\/Gainesville Sun \/Landov<\/p>

Efforts to overhaul land rights failed in this years regular legislative session.<\/p><\/div>\n

This is part two of a three-part series devoted to looking at efforts to overhaul eminent domain in Texas and what may come next for landowners, pipeline companies, and the oil and gas industry. Read Part One here<\/a>.<\/em><\/strong><\/p>\n

At the outset of this year\u2019s regular legislative session, lawmakers on both sides of the aisle filed a handful of bills to change how pipeline companies can take land in Texas<\/a>. While the bills tackled the issue differently, they had one thing in common: they sought to move some of the debate over a pipeline’s use of condemnation from county courthouses to state agencies. In the end it was that commonality that became a sticking point in the debate over Texas land rights.<\/p>\n

Along the way, some very big names in politics and industry got involved.<\/p>\n

Right now, a company that wants to lay a pipeline in Texas can check a box<\/a> on a form declaring itself a \u201ccommon carrier.\u201d\u00a0 The idea is that it will provide its services for hire to transport oil and gas. It\u2019s that role \u00a0\u2013 which some say makes it similar to a utility – that gives it the right to take land.<\/p>\n

But in Texas, there\u2019s no test to make sure the pipeline will act like a common carrier.\u00a0<\/p>\n