Rose v. Tennessee Gas Pipeline Co.

WIENER, Circuit Judge:

Plaintiff-Appellant Ann Lynne Mirando-na Rose, as joint owner of an undivided interest in property across which Defendant-Appellee Tennessee Gas Pipeline Company (“TGP”) holds a pipeline “easement” or “right of way” obtained in an expropriation proceeding against her predecessor in title, appeals from the district court’s dismissal of her claims against TGP as time barred by prescription. Concluding that the district court erred by failing to ground its analysis in the fundamental recognition that the expropriation judgment created a servitude over the subject property,…