CJE - Judicial Engagement in Action: Texas Rice Land Partners v. Denbury Green Pipeline-Texas

Judicial Engagement in Action: Texas Rice Land Partners v. Denbury Green Pipeline-Texas

On August 26, 2011, a unanimous Texas Supreme Court rejected the proposition that government may convey the “extraordinary” power of eminent domain to self-described common carriers—i.e., private companies seeking to build roads and pipelines across private property without the owner's consent—without determining that they will in fact serve the public.  As Justice Don Willett observed for the 9-0 court, “Private property cannot be imperiled with such nonchalance, via an irrefutable presumption created by checking a certain box on a one-page government form.  Our Constitution demands far more.”

Institute for Justice Senior Attorney Clark Neily, who also directs IJ’s Center for Judicial Engagement, praised the ruling: “Judges often fail to enforce constitutionally protected property rights in any meaningful way.  The Texas Supreme Court's refusal to rubber-stamp this flagrant abuse of power presents a salutory example of judicial engagement over judicial abdication for which we applaud the Justices.”

Matt Miller, executive director of IJ-Texas, said “Constitutional questions demand the utmost focus and attention from our courts, which are called on to defend individual rights when other branches of government refuse to do so.  The Texas Supreme Court has demonstrated—and not for the first time—that it takes that role very seriously.”