A West Texas ranch owner challenging the use of eminent domain by Trans-Pecos Pipeline LLC, a private company, to build a pipeline across his property has lost his fight against the condemnation proceeding in a federal appeals court.
In a decision on Tuesday, a three-judge panel of the 5th U.S. Circuit Court of Appeals said John Boerschig is not entitled to a preliminary injunction against the condemnation action because he has not shown he is likely to prevail in the end. Boerschig challenged the constitutionality of Texas’ eminent domain proceedings, a battle that is “a long shot at best,” the appeals court said.
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