55-1205.
Eminent domain procedure.
Any natural gas public utility, having first obtained a certificate from the commission as hereinbefore provided, desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of natural gas shall do so in the manner provided in K.S.A. 26-501 to 26-516, inclusive. The petitioner shall file the certificate of the commission as a part of its petition and no order by the court granting said petition shall be entered without such certificate being filed therewith. The appraisers in awarding damages hereunder shall also take into consideration the amounts of recoverable oil and native gas remaining in the property sought to be appropriated and for such purposes shall receive as prima facie evidence of such amounts the findings of the commission with reference thereto.
History:
L. 1951, ch. 268, § 5; L. 1963, ch. 234, § 79; January 1, 1964.
Notes of Decisions
N. Nat. Gas Co. v. Approximately 9117 Acres in Pratt, 2 F. Supp. 3d 1174 (D. Kan. 2014).
· cites it 11× “In awarding damages for condemnation of such subsurface formations, the Act directs appraisers to take into consideration the amounts of recoverable oil and native gas remaining in the property and to accept the findings of the KCC as prima facie evidence of those amounts.”
Union Gas Sys., Inc. v. Carnahan, 774 P.2d 962 (Kan. 1989).
· cites it 6× “55-1204(a)(2), and K.S.A. 55-1205. Thus we reject cross-appellants’ argument and find no error by the Commission.”
N. Nat. Gas Co. v. ONEOK Field Servs. Co., 296 P.3d 1106 (Kan. 2013).
“55-1201; K.S.A. 55-1205. As passed in 1951, the Storage Act was silent regarding its impact, if any, on the rule of capture as to injected storage gas.”
McAlister v. City of Fairway, 212 P.3d 184 (Kan. 2009).
“See K.S.A. 55-1205 (authorizing natural gas public utilities to exercise power of eminent domain); K.”
Anderson v. Beech Aircraft Corp., 699 P.2d 1023 (Kan. 1985).
“K.S.A. 55-1205 provides the procedure by which a natural gas public utility, having first obtained a certificate from the commission, shall exercise the right of eminent domain for the purpose of acquiring property for the underground storage of natural gas.”
N. Nat. Gas Co. v. ONEOK Field Servs. Co. (Kan. 2019).
· cites it 7× “55-1201; K.S.A. 55-1205. Notably, K.S.A. 55-1205 provided, "The appraisers in awarding damages hereunder shall also take into consideration the amounts of recoverable oil and native gas remaining in the property sought to be appropriated .”
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