January 17, 2016 — Randy Burton, FisherBroyles LLP Partner, was quoted in Law 360’s article, “Pipeline Cos. See Easier Takings Route In Texas With Denbury.” This article discusses how pipeline companies in Texas have a relatively high bar in court battles to exercise the power of eminent domain compared to the standard after the state Supreme Court ruled on Friday the kind of evidence they can use to establish they are common carriers with the right to take property, in a decision regarding Denbury Resources.
Quote within the article:
“Randy Burton of FisherBroyles LLP, an energy litigator, said he’d be ‘awful damn pissed’ if he was the landowner whose property was taken for a pipeline without a commitment from a third party. There’s no question the ruling is friendly to the pipeline industry, potentially at the expense of private property rights, he said.
‘I’m not doubting that it does serve the public interest,” Burton said. “But it just seems odd to me that you can take another person’s private property based on the expectation you’ll get another contract. I’m surprised, given our conservative Texas Supreme Court that is normally interested in bending over backward on behalf of private property rights.’”