Butell Robinson and Donald Robinson v. Transcontinental Gas Pipe Line Corporation, Edward R. Breedlove v. Transcontinental Gas Pipe Line Corporation

421 F.2d 1397

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 18, 1970
• Docket: 28169_1
• Status: Published

Opinion

PER CURIAM.

The district court concluded in a full opinion that Transcontinental was empowered to condemn a right of way under the applicable Georgia Condemnation statute, Ga.Laws, 1929, p. 219 et seq., Ga.Code Annot. § 36-201.1 (1969 Supp.); Botts v. Southeastern Pipeline Company, 190 Ga. 689, 700, 10 S.E.2d 375 (1940), although the Federal Power Commission had not issued a certificate of public convenience and necessity under the Natural Gas Act. 15 U.S.C.A. § 717f(c). We agree. The Georgia statute is a grant of the state power of eminent domain, separate and distinct from the federal power of eminent domain as granted under the Natural Gas Act, 15 U.S.C.A. § 717f(h). No such certificate is required under the Georgia statute nor does the Natural Gas Act require such a certificate as a condition precedent to the use of the Georgia statute. Cf. Oakland Club v. South Carolina Public Service Commission, 4 Cir., 1940, 110 F.2d 84; Stitt v. Manufacturers Light and Heat Co., 39 F.P.C. 323 (1968).

Affirmed.