# State Ex Rel. Department of Transportation v. Chelsea Butane Co.

> Court of Civil Appeals of Oklahoma · March 16, 2004 · 75 O.B.A.J. 1638

URL: https://www.frixlaw.com/law-library/cases/9781448

## Case

- **Full name:** STATE of Oklahoma, Ex Rel. DEPARTMENT OF TRANSPORTATION, Plaintiff/Appellant, v. CHELSEA BUTANE COMPANY, an Oklahoma Corporation; And the Mayes County Treasurer, Defendants/Appellees
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** March 16, 2004
- **Citations:** 75 O.B.A.J. 1638; 91 P.3d 656; 2004 OK CIV APP 48; 2004 Okla. Civ. App. LEXIS 30; 2004 WL 1192686
- **Precedential status:** Published
- **Opinion:** Dissent by Reif
- **Judges:** Keith Rapp
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9781448

## How later opinions describe it (automated extraction)

- holding, under statute providing for recovery of expenses when condemnation "proceeding is abandoned," that amended petition changing property interest condemnor seeks can amount to abandonment for which expenses are sometimes recoverable, depending on balancing test that cons…

## Opinion text

REIF, P.J.,
dissenting.
¶ 1 I would hold that there was no abandonment and remand for trial on the issue of damages/compensation. Whether the taking *662 was in fee or an easement simply goes to the issue of compensation.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9781448. Public record. Not legal advice.