Texas Eastern Transmission Corp. v. Wildlife Preserves, Inc.

The opinion of the court was delivered by

Francis, J.

The plaintiff Texas Eastern Transmission Corporation seeks to acquire by condemnation a right of way across four tracts of land in Morris County, New Jersey. These tracts are part of Troy Meadows Wildlife Preserve, an area of over 1400 acres maintained by defendant Wildlife Preserves. The proposed right of way is to be used for installation of an underground gas transmission pipeline. Answering the complaint, defendant alleged that the lands were devoted to a prior public use, i. e. conservation and the preservation of wildlife, and in the…