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ADMINISTRATIVE LAW, CIVIL PROCEDURE, INJURY AND TORT LAW, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE
• Williston Basin Interstate Pipeline Co. v. An Exclusive Gas
Storage Leasehold and Easement etc.
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LATEST SUMMARIES
ADMINISTRATIVE LAW, CIVIL PROCEDURE, INJURY AND TORT LAW, OIL & GAS LAW, PROPERTY LAW & REAL ESTATE
Williston Basin Interstate Pipeline Co. v. An Exclusive Gas Storage
Leasehold and Easement etc., No. 06-35660
In an action claiming that plaintiff has lost and is continuing to
lose natural gas stored in its Elk Basin Storage Reservoir due to
the operation of gas production wells owned by defendants, dismissal
of the action is affirmed where: 1) the condemnation claim was
properly dismissed, but on the ground that it failed to state a
claim; 2) the district court did not abuse its discretion in
declining to exercise supplemental jurisdiction over the state law
claim; and 3) state law claims were properly dismissed for lack of
subject matter jurisdiction. A natural gas company may not condemn
additional property that is not specifically described in its
existing certificate of public convenience and necessity (CPCN),
even if the natural gas company seeks to acquire such property in
order to operate and maintain an existing storage facility.
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