The Crawford Family Farm Partnership v. TransCanada Keystone Pipeline, L.P., No. 06-12-00113-CV, 2013 Tex. App. LEXIS 10733 (Tex. Ct. App. Aug. 27, 2013)

(plaintiff is family farm operation in northeastern TX that challenged defendant's ability to lay Keystone XL pipeline across plaintiff's property on basis that defendant lacked right to use state eminent domain law to cross property with pipeline without plaintiff's permission; in 2009 TX legislature amended state law to allow common carriers to utilize eminent domain to obtain necessary easements and rights-of-way; defendant sought to use such statute to obtain necessary easements and bury pipeline 36 inches in diameter under plaintiffs property; trial court appointed three commissioners to assess condemnation damages and awarded easements to defendant and over $10 million in damages to plaintiff; plaintiff appealed and defendant motioned for summary judgment; plaintiff claimed that defendant was not common carrier but is an interstate pipeline; trial court denied plaintiff's motion to dismiss; appellate court affirmed trial court denial of plaintiff's motion to dismiss and affirmed lower court judgment that statutory amendment applied to defendant).