Board of City Commissioners of Muskogee County v. Lowery
Oklahoma Supreme Court
136 P.3d 639 (2006)
- Written by Deanna Curl, JD
Facts
Muskogee County (plaintiff) initiated condemnation proceedings against county landowners to obtain temporary and permanent easements to install three water pipelines. Two of the pipelines were for the exclusive benefit of Energetix, a privately owned electric plant that would sell energy directly to private consumers if built. Energetix proposed the third water pipeline for the benefit of the rural water district as consideration to induce private property owners to agree to private easements for Energetix’s two water pipelines. The water district pipeline would serve residents who had not previously received service and enhance the water service of those already receiving services. Private landowners in the district (defendants) sought declaratory and injunctive relief, arguing that the condemnation proceeding was an unconstitutional taking because it was for the private use of a private company. The trial court found for the county, and the landowners appealed. The appellate court reversed the trial-court ruling, and the county appealed.
Rule of Law
Issue
Holding and Reasoning (Lavender, J.)
Dissent (Edmondson, J.)
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