Printable Format55-1205. Eminent domain procedure. Any natural gas public utility, having first obtained a certificate from the commission as hereinbefore provided, desiring to exercise the right of eminent domain for the purpose of acquiring property for the underground storage of natural gas shall do so in the manner provided in K.S.A. 26-501 to 26-516, inclusive. The petitioner shall file the certificate of the commission as a part of its petition and no order by the court granting said petition shall be entered without such certificate being filed therewith. The appraisers in awarding damages hereunder shall also take into consideration the amounts of recoverable oil and native gas remaining in the property sought to be appropriated and for such purposes shall receive as prima facie evidence of such amounts the findings of the commission with reference thereto.
History: L. 1951, ch. 268, § 5; L. 1963, ch. 234, § 79; January 1, 1964.
Law Review and Bar Journal References:
Survey of law of oil and gas, William R. Scott, 12 K.L.R. 297, 303 (1963).
"Drinking a Milkshake from Someone Else's Private Collection: How the Rule of Capture Remains in Play for Storage Gas [Northern Natural Gas Co. v. OKEOK Field Services Co., 296 P.3d 1106 (Kan. 2013)]," Benjamin Kenneth Arthur Carmichael, 54 W.L.J. 397 (2015).
CASE ANNOTATIONS
1. Method of determining compensation for condemnation of underground gas storage reservoirs examined. Union Gas System, Inc. v. Carnahan, 245 K. 80, 91, 774 P.2d 962 (1989).
2. Administrative ordinance not subject to initiative and referendum; principles discussed whether ordinance administrative or legislative. McAlister v. City of Fairway, 289 K. 391, 212 P.3d 184 (2009).
3. Section is substantive in nature, not procedural. Northern Nat. Gas Co. v. Approximately 9117 Acres in Pratt, Kingman, 2 F.Supp.3d 1174, 1183-84 (D. Kan. 2014).