Transok Pipe Line Co. v. Richardson

I must respectfully dissent. Phillips Pet. Co. v. Corporation Commission, supra, does not support the majority’s refusal to enforce the provisions of 52 O.S.1971, § 10, against Transok.

The Court’s holding in Phillips that those statutory provisions (requiring a producer to make a portion of gas available to the landowner and authorizing the Corporation Commission to fix prices) were an invalid regulation under the police power which would constitute a taking as to Phillips, if enforced, was based on the fact that Phillips was not a public utility.

Transok is a public utility. The statutes…