§ 15-72-606 — Petition for eminent domain - Subsequent proceedings

(a) Any natural gas public utility or gas storage facility having first obtained a certificate from the Oil and Gas Commission as provided in § 15-72-605 desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of gas shall do so in the manner provided in this section. (b) The natural gas public utility or gas storage facility shall present to the circuit court of the county wherein the land is situated, or to the judge thereof, a petition setting forth the purpose for which the property is sought to be acquired, a description of the property sought to be appropriated, and the names of the owners thereof as shown by the records of the county. (c) The petitioner shall file the certificate of the commission as a part of its petition and no order by the court granting the petition shall be entered without the certificate being filed therewith. (d) The court or the judge thereof shall examine the petition and determine whether the property is necessary to its lawful purposes, and if found in the affirmative, the finding shall be entered of record and subsequent proceedings shall follow the procedure by law for the exercise of the right of eminent domain for rights-of-way for railroads as provided by § 18-15-1201 et seq.

Legislative History

Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023. Acts 1957, No. 82, § 6; A.S.A. 1947, § 53-906.