Evidence of the Rupture of a Gas Pipeline Occurring After the Taking of Land Is Admissible to Prove “Fear” as an Element of Damages if the Condemnor Places the Issue of Fear into the Proceedings
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Describes the Texas Supreme Court case Heddin v. Delhi Gas Pipeline Co. In Heddin, Delhi Gas Pipeline Company brought a condemnation suit against Mr. and Mrs. Heddin to lay gas transmission pipeline under the Heddins’ property. The condemnor did not raise the issue of fear in the original proceeding, and thus the Court held that they were barred from introducing evidence of a rupture in another pipeline located near the Heddins’ land, which occurred after the date that the easement was granted.