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Title: TEXAS COURT RULES PIPELINE COMPANY NOT ENTITLED TO LAY PIPES UNDER STREETS WITHOUT THE CITY'S CONSENT
Accession Number: 00238771
Record Type: Component
Abstract: THE CITY OF SAN ANTONIO BROUGHT ACTION AGAINST THE UNITED GAS PIPE LINE COMPANY TO ENJOIN IT FROM USING A HIGHWAY AND TWO PUBLIC STREETS OF THE CITY FOR ITS PIPELINE WITHOUT A FRANCHISE FROM THE CITY. THE TRIAL COURT DENIED THE INJUNCTION AND THE CITY APPEALED. THE COMPANY CONTENDED THAT A FRANCHISE FROM THE CITY WAS UNNECESSARY BECAUSE IT HAD A PERMIT FROM THE SOUTHERN PACIFIC COMPANY TO LAY THE PIPELINE ALONG THE RAILROAD'S RIGHT-OF-WAY AND THE CITY HAD ONLY AN EASEMENT FOR THE USE OF THE SURFACE AT CROSSINGS ALONG THE RIGHT-OF-WAY. THE COURT STATED THAT TEXAS COURTS HAD CONSISTENTLY HELD THAT, REGARDLESS OF FEE OWNERSHIP, WHERE A UTILITY COMPANY DESIRED TO INSTALL A PIPELINE, EVEN BY TUNNELING UNDER A CITY STREET, A FRANCHISE FROM THE CITY WAS NECESSARY. THE JUDGMENT OF THE TRIAL COURT WAS REVERSED AND THE INJUNCTION REQUESTED WAS GRANTED.
Supplemental Notes: No 14, P 4. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Publication Date: 1965-12
Serial: Media Type: Digital/other
TRT Terms: Old TRIS Terms: Subject Areas: Highways; Law; Pipelines; Railroads; Safety and Human Factors; Terminals and Facilities
Files: TRIS, TRB
Created Date: Aug 3 1970 12:00AM
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