Posted: 12 Mar 2013 in Politics

Property rights come into play in Texas.

Financial Post | Business

These are two of the most important interests to appear in court in Texas — property owners and the oil industry

TransCanada Corp. faces court arguments from Texas landowners that its plans for the Keystone XL pipeline to transport Canadian tar-sands oil to coastal refineries don’t give it the right to condemn their property.

One farmer, in an appellate hearing set for Thursday in Beaumont, Texas, will try to build on a state Supreme Court decision and what may be a groundswell of support for property rights and environmental protection in a state whose laws and courts have historically accommodated the oil and gas industry. David Holland, whose cattle and rice farm lies next to a cluster of refineries, argues TransCanada doesn’t qualify as a common carrier under state law and doesn’t have a right to take an easement for the pipeline.

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Lawsuits by four landowners constitute the…

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