Bernard Morello, et al. v. Seaway Crude Pipeline Company, LLC
Takings FifthAmendment DueProcess Securities JusticiabilityDoctri
Whether eminent domain can be used as mere pretext to rewrite the parties' own prior bargains, or otherwise circumvent existing obligations in a previously negotiated, enforceable contract
QUESTIONS PRESENTED Whether eminent domain can be used to as mere pretext to rewrite the parties’ own prior bargains, or otherwise circumvent existing obligations in a previously negotiated, enforceable contract. Whether the Texas Constitution’s adequate compensation standard conflicts with the federal constitutional requirement of just compensation as applied in this case. Whether a state, through judicial action or inaction, may delegate to private entities unbridled, unchallengeable eminent domain authority when courts consistently fail to enforce constitutional limitations.