Legal Opinion

City of Pryor Creek v. Public Service Co. of Oklahoma

Supreme Court of Oklahoma

Decided June 3, 1975No. 46252PublishedCited by 30 opinions

1Opinion of the Court

HODGES, Vice Chief Justice.

The question presented is whether a municipality by eminent domain without specific statutory authority, may condemn a privately owned public utility’s facilities and utilize them for the same purpose.

This is an appeal from the order of the trial court which sustained Public Service Company of Oklahoma’s (PSC) objection to the report of commissioners and motion to dismiss in a condemnation proceeding instituted by the City of Pryor Creek (City). The Court of Appeals reversed the trial court and PSC seeks certiorari.

After annexing the real property served by PSC the…

2Cases cited11 opinions

  1. United States v. JonesSupreme Court of the United States · 1883
  2. City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
  3. State ex rel. Mueller v. ThompsonWisconsin Supreme Court · 1912
  4. Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
  5. Harn v. State Ex Rel. WilliamsonSupreme Court of Oklahoma · 1939

6 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. In Re Initiative Petition No. 382Supreme Court of Oklahoma · 2006
  2. Simpson v. DixonSupreme Court of Oklahoma · 1993
  3. Johnson v. Wells County Water Resource BoardNorth Dakota Supreme Court · 1987
  4. State Ex Rel. Missouri Cities Water Co. v. HodgeSupreme Court of Missouri · 1994
  5. City of Midwest City v. House of Realty, Inc.Supreme Court of Oklahoma · 2004

25 more not listed; retrieve them via the Exa API.

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