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Managed by Paul J. Loftus, a partner at Dinsmore & Shohl LLP, Transportation Law Today provides professionals in the rail, transit, inland maritime, and trucking industries with current news and analysis of laws, rulings, and regulatory policies.



Thursday, August 23, 2012

Keystone Pipeline Granted Common Carrier Status - Eminent Domain For Right of Way Allowed

A state court judge in Lamar Co. TX has ruled in favor of Canadian corporation TransCanada, finding that it has eminent domain rights across farmland as a common carrier. Here is the Washington Post's story on the ruling, and here is the AP's report via the Dallas Morning New's website.

The decision was prompted by litigation by local landowners who argued TransCanada's proposed pipeline was a private venture,and not a common carrier, which can access rights of way by eminent domain.

According to the news reports, the Court's decision was conveyed to counsel via email; it is unclear if any opinion has been issued.

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