Southwestern Electric Power Company v. Conger

307 So. 2d 380, 1975 La. App. LEXIS 2998
CourtLouisiana Court of Appeal
DecidedJanuary 21, 1975
Docket12491
StatusPublished
Cited by9 cases

This text of 307 So. 2d 380 (Southwestern Electric Power Company v. Conger) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southwestern Electric Power Company v. Conger, 307 So. 2d 380, 1975 La. App. LEXIS 2998 (La. Ct. App. 1975).

Opinion

307 So.2d 380 (1975)

SOUTHWESTERN ELECTRIC POWER COMPANY, Plaintiff-Appellee,
v.
Lewis P. CONGER et ux., Defendants-Appellants.

No. 12491.

Court of Appeal of Louisiana, Second Circuit.

January 21, 1975.

Henry Newton Brown, Jr., Bossier City, for defendants-appellants.

Wilkinson, Carmody & Peatross by Arthur R. Carmody, Jr., Shreveport, Walter O. Bigby, Bossier City, for plaintiff-appellee.

Before AYRES, BOLIN, and DENNIS, JJ.

AYRES, Judge.

This is an expropriation proceeding whereby plaintiff, Southwestern Electric Power Company, a public corporation engaged *381 in the business of generating and distributing electricity and electrical energy to the general public, sought a right of way across defendants' property for the construction, maintenance, and operation of a natural gas pipeline from its gas wells in the Elm Grove Field in Bossier Parish to its Arsenal Hill electric generating plant in the City of Shreveport, a distance of approximately 31 miles.

Consolidated with the instant case, as a matter of convenience for argument and submission in this court, are Southwestern Electric Power Company v. Gladys S. McCaskill, La.App., 307 So.2d 385; Southwestern Electric Power Company v. Nora T. Mahaffey, La.App., 307 So.2d 387; and Southwestern Electric Power Company v. David Allian Dement et ux, La.App., 307 So.2d 390. The basic issues in these consolidated cases, except the compensation to which defendants are entitled, are so identical or similar in character that they may be treated in the opinion in the instant case.

It may be noted, however, that this particular case was heretofore before us on plaintiff's appeal from a judgment sustaining exceptions of no cause and of no right of action (280 So.2d 254). On that appeal it was urged (1) that there was no authority in law for the condemnation of property by plaintiff for use as a natural gas pipeline, and (2) the allegations of plaintiff's petition did not disclose a public necessity for the servitude sought. Both of these contentions were overruled. There we found that ample legal authority existed for the taking under appropriate facts and circumstances, and that, moreover, plaintiff's allegations were sufficient in disclosing a public need for the property sought to be expropriated. The judgment appealed was accordingly reversed, the exceptions overruled, and the cause remanded to the trial court for further proceedings.

On the remand, this cause was tried upon its merits. Thereafter, there was judgment in plaintiff's favor granting unto it the right of way sought across defendants' property. Compensation for the property taken was awarded defendants in the sum of $4,539.09. From the judgment thus rendered and signed, defendants perfected a devolutive appeal.

Defendants reurge their defenses which relate, as aforesaid, to the basic legal right of plaintiff to maintain this expropriation proceeding, the necessity for the right of way sought, or, in the alternative, the location of the right of way, and lastly the compensation to which defendants are entitled.

The legal authority justifying plaintiff's action in this proceeding was upheld in our original opinion heretofore referred to. For the reasons therein assigned, we found this defense without merit. Nothing new has been advanced which would warrant any modification of our original conclusion. Hence, further discussion of this point may be pretermitted.

The remaining issue to which we have referred is factual in character and, as already noted, relates to the question of the public necessity concerned in the taking. We have thoroughly reviewed this issue and find, as did the trial court, that the evidence supports plaintiff's allegations and establishes the need for the right of way sought. Plaintiff's proof of its allegations on the trial of the merits of this cause was substantial and convincing. Southwestern Electric Power Company is the principal supplier of electricity in Bossier and Caddo Parishes, including the municipalities of Shreveport and Bossier City. It serves practically all of the industries, commercial establishments, homes, schools, hospitals, and military installations in this area of 712,000 persons.

Over 90% of its electricity is generated by its five power plants, three of which are located in East Texas and two in Louisiana. The remainder of the electric energy distributed by it is purchased from other interconnected companies, all of which produce electricity through natural-gas-operated boilers. Its Arsenal Hill Plant in *382 Shreveport can use only natural gas as boiler fuel. Others of its plants can operate on fuel oil for brief periods of time, that is, for four or five days.

Plaintiff's Louisiana plants are supplied with natural gas by the Arkansas Louisiana Gas Company except for a small percentage of its requirements which are acquired from a small gathering system in the Mooringsport Field. Arkansas Louisiana Gas Company admittedly cannot supply all of plaintiff's requirements and has, moreover, curtailed and given notice that it will continue to curtail in the future the supplying of natural gas to plaintiff's plants. There are no other sources of supply available to these plants in Louisiana.

Plaintiff, in view of the aforesaid impending shortage of natural gas, undertook to augment its supply for its Louisiana plants by drilling in the Elm Grove Field. This operation resulted in the successful completion of seven wells with production estimated to supply one-third of plaintiff's Louisiana power-plant requirements. In order to utilize this gas, it is necessary to construct a pipeline to connect the wells with the generating plants. The record further discloses that this line, located as the most feasible by the engineering firm of Ford, Bacon & Davis, will cross defendants' property, and that a right of way cannot be acquired through negotiation.

The impossibility or the impracticality of converting Southwestern Electric's plants to the use of oil, coal, or other sources of energy was convincingly established. Prospective construction of two additional plants with coal as fuel cannot be completed prior to 1977. Even then, by growth and expansion, and even through normal use in the area, its present plants must continue to use natural gas as a generating fuel.

It may be further mentioned that although plaintiff has a source of supply of natural gas in the Ada Field of Webster Parish to the maximum extent of 23,000 MCF per day delivered by Arkansas Louisiana Gas Company, its contract for transportation thereof expires on January 1, 1978.

Thus, as we review the record, plaintiff's proof of its natural-gas shortage and need for the fuel sought to be transported in the proposed natural-gas pipeline is substantial and, for all practical purposes, uncontradicted. No proof was offered by defendants of plaintiff's abuse of its discretion in selecting the route for the pipeline. The selection of this route was the primary responsibility of E. E. Moncla, senior project manager for Ford, Bacon & Davis, one of the large engineering organizations of the United States. His experience in operations of this character is extensive. Moncla testified that the route of the line was located in accordance with established, accepted engineering practices which he described as the best route. This line is generally located in fairly isolated areas where the least inconvenience will result to property owners.

The construction contemplated is a 12inch pipeline designed to withstand 1,600 pounds of internal pressure but which, it is contemplated, will operate at only 600-700 pounds of pressure.

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Southwestern Electric Power Co. v. McCaskill
307 So. 2d 385 (Louisiana Court of Appeal, 1975)
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307 So. 2d 387 (Louisiana Court of Appeal, 1975)
Southwestern Electric Power Co. v. Dement
307 So. 2d 390 (Louisiana Court of Appeal, 1975)

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307 So. 2d 380, 1975 La. App. LEXIS 2998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwestern-electric-power-company-v-conger-lactapp-1975.