Nautral Preserve Fights Eminent Domain Attempts
Posted By The Carlson Law Firm || 28-Nov-2011
A natural preserve, aimed at providing migrating bird a place to stop amidst shrinking natural habitats is the new target of ETC NGL Transport LLC, a Texas based company proposing a pathway of pipeline through the reserve.
ETC, who is proposing the natural gas pipeline, is struggling to assert the right of eminent domain under the Texas State Law, condemning portions of the 144 acre nature preserve.
Although eminent domain and condemnation in Texas is usually reserved for the transition of private property for public use, in this case, the transport company is hoping to obtain the public property for a different public use, which would cause the land to remain public.
In 2005, the property was established as a natural setting. But while the purpose of the reserve was clear from the start, ETC argues that the property is necessary for the proposed “Justice Pipeline”, that would move natural gas 129 miles through the state.
Some advocates argue that ETC’s attempts to obtain the land for public use are the result of their desire to run privately owned natural gas, which they own, through the pipeline. ETC is not a publicly owned company.
If TC is successful in its venture to condemn and obtain the natural preserves land, it is required, by law that additional land is located to replace the portion inhabited by the proposed pipeline obtained by Texas eminent domain.
If you or someone you love has been affected by eminent domain or condemnation in Texas, call our condemnation attorneys in Texas at 888-335-7492, contact us online or visit one of the 11 office locations for our eminent domain lawyers in Texas for a free consultation today. We care. We can help.
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