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BOERSCHIG v. TRANS-PECOS PIPELINE, L.L.C.

No. 16-50931.

872 F.3d 701 (2017)

John P. BOERSCHIG Plaintiff-Appellant v. TRANS-PECOS PIPELINE, L.L.C. Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 3, 2017.

Attorney(s) appearing for the Case

Renea Hicks, Law Office of Renea Hicks, Austin, TX, Clark Willis Richards, Richards Rodriguez & Skeith, L.L.P., Austin, TX, for Plaintiff-Appellant.

Thomas A. Zabel, Zabel Freeman, L.L.P., Houston, TX, Nancy Hahn Elliott, Zabel Freeman, L.L.P., Houston, TX, for Defendant-Appellee.

Before STEWART, Chief Judge, and HIGGINBOTHAM, and COSTA, Circuit Judges.

Texas law allows a natural gas utility to condemn land for "public use." TEX. UTIL. CODE § 181.004; TEX. CONST. art. I, § 17(a). Trans-Pecos Pipeline, LLC exercised that authority and initiated a condemnation proceeding to obtain a 50-foot wide permanent right-of-way and easement on John Boerschig's ranch. The...

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