RANCHING Business
owners Bill of Rights. Property own- ers also have the right to challenge the “common carrier” designation. Stay informed about Texas Supreme Court decisions as well as laws the state legislature enacts. For example, when Denbury
Green Pipeline-Texas LLC estab- lished itself as a common carrier, it began surveying land along the anticipated route. Texas Rice Land Partners and its lessee, Mike Latta, challenged Denbury Green’s com- mon carrier status. Although the district court and Court of Appeals in Beaumont found that Denbury Green qualifi ed for common carrier status, the Texas Supreme Court reversed the decisions of the lower courts in 2011. There were ques- tions as to whether this particu- lar pipeline was for public use and whether Denbury Green qualifi ed as a common carrier, able to exercise eminent domain.
Get an oil and gas attorney “If an oil and gas company was
getting close to me, and I owned valuable property, the fi rst thing I would do is to fi nd a good oil and gas attorney who is an expert in eminent domain,” Baum advises. “You cannot use a divorce lawyer
or a family lawyer. It has to be one who knows the ropes and is famil- iar with eminent domain. These people are not cheap, but if there is a lot at stake, then the typical land- owner needs that expertise or he is going to lose his shirt. If you’re a big guy who has a lot to lose, then it’s money well spent. If it’s a small landowner, and they are talking about a short [length] of right-of- way, it may not be worth spending that kind of money.” Landowners can protect them-
selves every time they sign an oil and gas lease. If the oil and gas
72 The Cattleman March 2016
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