Columbia Gas Transmission Corp. v. Exclusive Natural Gas Storage Easement

The United States District Court, Northern District of Ohio, Eastern Division, pursuant to S.Ct.Prac.R. XVI, has certified the following question to us:

“According to the law of the state of Ohio, what is the measure of just compensation for the appropriation of an underground gas storage easement?”

We hold that the proper manner to determine the value of an underground gas storage easement was delineated by United States District Court Judge Dowd, Jr., when he instructed the commission which he had appointed under Fed. R.Civ.P. 71A(h). Judge Dowd’s analysis is as follows:

“In determining just…