Skip to Main Content

Landowner Awarded Percentage of Pipeline Company Profits

In Aertker v. Placid Holding Co., 2012 WL 4472002 (M.D.La. Sept. 27, 2012), Placid Refining Company was found liable to a group of landowners for bad faith trespass for a pipeline installed in the early 1980s.

Placid’s agent obtained a right-of-way agreement from the mineral lessee only, and not the landowners. At the time the right-of-way was granted, the assessor’s ownership map showed that the land was owned by the Aertker family, and was burdened by a ninety-nine year lease to Louisiana-Pacific Corp. The court concluded that Placid was a bad-faith trespasser who knew or reasonably should have known that it did not have the landowners’ permission. The court further concluded that the landowners have a cause of action for continuous trespass (and thus the claim did not prescribe). The court determined that Placid had earned $148,926,000 in profit during the relevant time period. The court then determined the percentage of the Placid assets that could be attributed to the right-of-way on an annual basis, and awarded the landowners $96,145.33 plus interest from the date of judicial demand.

Subscribe to


Related Practice

Related Industry

Email Disclaimer

NOTICE: The mailing of this email is not intended to create, and receipt of it does not constitute an attorney-client relationship. Anything that you send to anyone at our Firm will not be confidential or privileged unless we have agreed to represent you. If you send this email, you confirm that you have read and understand this notice.
Cancel Accept