H. T. Council v. Texas Gas Transmission Corp.

JONES, Justice.

Appellant filed his petition with the circuit judge of Washington County, Mississippi, seeking a writ of prohibition against appellee to prevent the exercise of the right of eminent domain for a pipeline easement. From a dismissal of the petition appellant appeals. We affirm.

The petition was filed under the provisions of section 2782, Mississippi Code 1942 Annotated (Supp. 1966).

Two issues must be resolved at a hearing on such a petition: (1) whether the applicant is an entity entitled to exercise the right of eminent domain; (2) whether there is a public necessity for the…