Legal Opinion
McCabe Petroleum Corp. v. Easement & Right-Of-Way Across Township 12 North, Range 23 East
Montana Supreme Court
Decided March 26, 2004No. 03-452PublishedCited by 9 opinions
1Opinion of the CourtChief Justice Gray
¶1 McCabe Petroleum Corporation filed an action in the United States District Court for the District of Montana seeking to condemn an access easement and right-of-way across lands owned by N Bar Ranch, LLC. Pursuant to Rule 44, M.R.App.P., the United States District Court certified two questions of Montana law to us, which we restate as follows:
¶2 1. Is exploration and development of a federal oil and gas lease a “mine” which constitutes a “public use” under § 70-30-102(33), MCA?
*386¶3 2. Does § 82-2-201, MCA, grant the owner of a federal oil and gas lease power as the owner of a “mining claim”…
2Cases cited11 opinions
- Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Kullick v. Skyline Homeowners Ass'n, Inc.Montana Supreme Court · 2003
- Mid-Northern Oil Co. v. WalkerMontana Supreme Court · 1922
- Loomis v. LuraskiMontana Supreme Court · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Sunburst School District No. 2 v. Texaco, Inc.Montana Supreme Court · 2007
- McEwen v. MCR, LLCMontana Supreme Court · 2012
- Bud-Kal v. City of KalispellMontana Supreme Court · 2009
- Bud-Kal v. City of KalispellMontana Supreme Court · 2009
- Buhmann v. StateMontana Supreme Court · 2008
4 more not listed; retrieve them via the Exa API.