Useful Considerations for CO2, Hydrogen Pipeline Operators

(P&GJ) — When a pipeline operator becomes a “common carrier” under Texas law, it is granted the power of eminent domain over private property for public use. Texas law provides two independent sources for common carrier status: Texas Natural Resources Code Section 111 and Texas Business Organizations Code Section 2.105. Common carrier status is critical to pipeline projects in Texas, especially when easements are difficult to obtain.