Baker | Moran Attorney Sandy Meador drafted and filed an amicus brief with The Supreme Court of Texas earlier today. The brief was filed in connection with the case of Denbury Green Pipeline-Texas, LLC v. Texas Rice Land Partners, Ltd. Mr. Meador filed the brief to protect the interests of many Baker | Moran clients. In his brief, Mr. Meador analyzes Section 2.105 of The Texas Business Organizations Code and Section 111.002(1)-(7) of The Texas Natural Resources Code, as well as the predecessor statutes to these provisions. Mr. Meador’s analysis of these provisions and their predecessors firmly establishes the Texas Legislature’s intent to make separate and independent grants of the right and power of eminent domain to (1) those entities who operate as a common carrier under the criteria set forth in Section 2.105 and (2) those entities who operate as a common carrier under the criteria set forth in Section 111.002(1)-(7). In other words, Mr. Meador’s brief to the Court explains why an entity may qualify as a common carrier, either under Section 2.105 or Section 111.002, but need not qualify under both. This is an important distinction. Read Mr. Meador’s full amicus brief and find out why this distinction is so important by clicking here.
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