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Tuesday was the first day of a hearing on whether Hays County’s case against pipeline company Kinder Morgan and the Texas Railroad Commission will move forward or be dismissed.
Judge Lora Livingston of the 261st Civil District Court began hearing arguments at 9 a.m. Tuesday on whether the case regarding eminent domain – filed by Hays County, the City of Kyle and three private landowners – has merit. Kinder Morgan plans to route its Permian Highway Pipeline through the Texas Hill Country. According to a press release from TREAD (Texas Real Estate Advocacy and Defense), the plaintiffs want the outcome of the case to be the creation of an approval process for pipeline routes before oil and gas companies are permitted to take private land through eminent domain. Kinder Morgan, which wants the case dismissed, has argued that the pipeline provides “significant public benefits” and thus justifies the acquisition of land through eminent domain.
Supporters of the lawsuit, including Hays County Commissioner Lon Shell, insist that due process for landowners is not only reasonable, but expected. “Our goal is a process that will ensure the rights of all Texans are respected while still supporting the creation of critical infrastructure and jobs. Texans who are facing the loss of land due to eminent domain deserve no less,” said Shell. “I am hopeful the state will work with us to establish a fair process.”
In April, when Hays County opted to join the lawsuit, Shell said he did not like filing suit against anyone and that the energy industry is a boon to the state of Texas.
However, he said, “This isn’t a shot at the oil and gas industry. … This is about property rights, specifically for our citizens, but citizens across the state of Texas. And I believe Texas can do better than we’re doing right now in regards to this type of project.”
Opponents of the pipeline’s route have unsuccessfully petitioned Kinder Morgan to find another route that would be less disruptive to the ecologically sensitive region.
“Leaks along the pipeline are more common than you might think and can be catastrophic to the surrounding area. With this specific pipeline and this specific route, there is no room for error,” said Andy Sansom, director of environmental strategy at the Meadows Center for Water and Environment. “This is where an approval process would make sense – it is much easier to get it right on the front end than after the fact.”
Several local governments, including Hays County and the City of San Marcos, passed resolutions earlier this year opposing the pipeline. Greg Neal, who described himself as a consultant, spoke to the San Marcos City Council on behalf of Kinder Morgan and said the route was planned after a “close examination of publicly available information” and a series of surveys.
“Over 120 routing adjustments have been made since the route was initially proposed,” he said.
At press time, testimony was ongoing in the hearing on whether the case should be heard. A spokeswoman for TREAD said the judge’s decision could come within days or it could take longer.
