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TEXAS RICE LAND v. DENBURY GREEN PIPELINE

No. 09-0901.

363 S.W.3d 192 (2012)

TEXAS RICE LAND PARTNERS, LTD. and Mike Latta, Petitioners, v. DENBURY GREEN PIPELINE-TEXAS, LLC, Respondent.

Supreme Court of Texas.

Decided March 2, 2012.

Attorney(s) appearing for the Case

Anthony G. Brocato, Law Offices of Anthony G. Brocato, Charles M. Butler III, Holand and Associates, Houston, Douglas W. Alexander, Alexander and Townsend, L.L.P., Amy Warr, Alexander Dubose & Townsend, LLP, Austin, for Texas Rice Land Partners, Ltd.

Melanie S. Reyes, Thomas H. Buchanan, Jack Theodore Strother, Flowers Davis, PLLC, Tyler, Michael L. Baker, Strong Pipkin Bissell & Ledyard, L.L.P., Beaumont, J. Mitchell Beard, Tyler, Kelli Harman Strother, Flowers Davis, PLLC, Tyler, Lynne Liberato, Katharine D. David, Hayes & Boone, LLP, Houston, David E. Keltner, Forth Worth, Clarence Andrew Weber, Kelly Hart & Hallman LLP, Austin, for Denbury Green Pipeline-Texas, LLC.

Justice WILLETT delivered the opinion of the Court.

We deny the motion for rehearing. We withdraw our opinion of August 26, 2011 and substitute the following in its place.

The Texas Constitution safeguards private property by declaring that eminent domain can only be exercised for "public use."1 Even when the Legislature grants certain private entities "the right and power of eminent...

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