Transwestern Pipeline Co. v. Kerr-McGee Corp.

I respectfully dissent, but at the same time I hasten to point out that I agree with all points of the opinion except with the part that denies Transwestern the right to condemn the leasehold interest of Kerr-McGee. 15 U.S.C. § 717f(h) authorizes the holder of a certificate of public convenience and necessity, here Transwestern, to exercise the right of eminent domain whenever appropriate. It says further that when he cannot by contract or otherwise agree with the owner of property “to the compensation to be paid for, the necessary right-of-way to construct, operate, and maintain a pipe line…