HOUSTON - Today, the First Court of Appeals denied the Harris County Fresh Supply District No. 61 governmental immunity from a condemnation lawsuit brought by the Magellan Pipeline Company and V-Tex Logistics.
According to the opinion, the condemnation proceeding sought an easement to install a pipeline underneath the district’s property. After the administrative phase concluded, the Special Commissioners awarded the district an additional $160,000 over amounts it had already been paid by the pipeline.
However, the district was unhappy with the award and filed a plea to the jurisdiction and objections to the award of Special Commissioners, arguing that the award “fails to award the District adequate compensation for [Appellees’] acquisition of the Easements,” court records state.
According to the opinion, the trial court entered a final judgment that granted the pipeline a permanent easement, awarded the district the $160,000 additional compensation approved by the Special Commissioners, and denied all of the district’s request for additional compensation.
Court records show the district appealed, arguing that the condemnation suit should be dismissed because the district has governmental immunity.
The district alternatively argued that the condemnation suit should be dismissed because the pipeline did not prove that it had the required condemnation power.
The First Court held that the trial did not err in concluding that there was sufficient evidence to show that the pipeline was a common carrier.
Justices also held that the district’s governmental immunity had been abrogated by its participation in the condemnation proceeding.
The First Court affirmed the trial court’s judgment.
Case No. 01-20-00805