In ETC Tiger Pipeline LLC v. DT Midstream Inc. et
al. it was not as exclusive as the servitude owner wanted
it to be.
Pursuant to a Servitude Of Use For Pipeline, ETC operates a
42-inch, high pressure, high volume natural gas pipeline in DeSoto
Parish, Louisiana, that runs from Panola County, Texas, to Richland
Parish (east of DeSoto). ETC rejected DTM's request to be
allowed to route a smaller pipeline across ETC's servitude
beneath and perpendicular to ETC's pipeline. The stated reason
was that DTM could not fulfill ETC's necessary safety and
operational requirements.
ETC sought a TRO, alleged that DTM's actions exposed ETC to
immediate and ongoing damages, infringed upon its servitude rights,
and constituted trespass, and that its exclusive servitude does not
allow any other pipelines to cross the ETC servitude.
