Opinion
No. 34459.
October 7, 1952.
(Syllabus.)
EMINENT DOMAIN — Property placed on land by public utility, having right of condemnation, without consent of landowner, remains property of utility — Landowner's remedy. Property attached to real estate by public utilities which have the right of condemnation, without the consent of the landowner, remains the property of the public utility and the landowner's rights are governed by Title 66 O.S. 1941 § 57[ 66-57].
Appeal from District Court, Okmulgee County; W.H. Blackbird, Judge.
Action by the Okmulgee Producers Manufacturers Company, an Oklahoma corporation, against A.L. Rutledge. The Gas Company brought a replevin action against A.L. Rutledge to replevin a pipe line which the Gas Company had placed on lands belonging to Rutledge. Rutledge filed an answer and cross-petition and the Gas Company having demurred to certain parts of said cross-petition and the court having sustained the demurrer, Rutledge appeals. Affirmed.
W.C. Alley, Okmulgee, for plaintiff in error.
J.P. Hanningan, Okmulgee, for defendant in error.
This is a companion case to Morton v. Okmulgee Prod. Mfgs. Gas Co., 207 Okla. 201, 248 P.2d 1028. The two cases were briefed together and involve the same identical questions. The only difference in the cases is different claimed ownership of different property.
The rules of law in cause No. 34458 are applicable to the law and facts in the present case.
Judgment affirmed.
This court acknowledges the services of Attorneys J. Fred Green and W.S. Agent, who as Special Masters aided in the preparation of this opinion. These attorneys were recommended by the Oklahoma Bar Association, approved by the Judicial Council, and appointed by the court.
HALLEY, V.C.J., and WELCH, CORN, DAVISON, JOHNSON, and BINGAMAN, JJ., concur.