The Interstate Natural Gas Association of America (INGAA) filed an amicus curiae letter brief on June 14, 2013 with the Supreme Court of Texas in LaSalle Pipeline, LP v. Donnell Lands, LP, No. 11-0226.
INGAA filed in support of LaSalle Pipeline, and urged the Supreme Court of Texas to consider the impact of the Fourth Circuit Court of Appeals’ decision on the assessment of remainder damages across Texas and beyond, and the effect of such assessments on future pipeline construction.
INGAA argued that in cases involving the condemnation of easements through the use of eminent domain, compensation for remainder damages must rest on competent, sufficient evidence demonstrating that the easement will, in fact, damage the remainder property. INGAA stated that the law of eminent domain does not require a condemning authority to pay remainder damages where there is no evidence the authority’s easement has affected the remainder, let alone damaged it.
INGAA requested the Supreme Court of Texas grant LaSalle Pipeline’s motion for rehearing, reverse the court of appeals’ opinion, and keep Texas eminent domain law on remainder damages consistent with its historical application.