Opinion

Missouri-Kansas-Texas Railroad Co. v. State

  • 712 P.2d 40
Court
Supreme Court of Oklahoma
Filed
Mar 7, 1986
Status
Published
Author
Hodges
On the bench
Summers, Doolin, Lavender, Hargrave, Wilson, Simms, Hodges, Opala, Kauger
Cited by
28 cases
Authority
More cited than 5.8%

state statute regulating right to exercise eminent domain authority complemented effectuation of pipeline and did not conflict with Interstate Commerce Act

How later courts described this case

  • state statute regulating right to exercise eminent domain authority complemented effectuation of pipeline and did not conflict with Interstate Commerce Act

Written by the judges who cited it.

The opinion

HODGES, Justice,

dissenting.

There is a question that the appellee, ETSI, is no longer a viable entity and is in fact defunct. If so, the issues presented on appeal are moot.

An attempt to elicit such information for the record was unsuccessful when ETSI failed to respond to our show cause order of July 16, 1985. This Court has a duty to inquire into its jurisdiction. City of Tulsa v. Chamblee, 188 Okl. 94 , 106 P.2d 796 (1940). I, therefore, would direct that the Corporation Commission hold an evidentia-ry hearing with a view to determining the current status of the appellee, ETSI, and report its findings and conclusions to this Court.

I am authorized to state that Chief Justice SIMMS and Justice OPALA join me in this Dissenting Opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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