Amerada Hess Corp. v. Adee

OPINION

GARCIA, Judge.

Defendants appeal from an order of summary judgment rendered against them. They raise four issues: 1) whether the State Highway Department exceeded the contractual limits of its easement on defendants’ land by allowing plaintiff to lay a gas pipeline; 2) whether the laying of the pipeline by plaintiff created an impermissible additional burden upon the servient estates owned by defendants; 3) whether the law allows imposition of a gas pipeline by a private company not operating as a public utility; and 4) whether plaintiff may exercise the power of eminent domain. We…