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Gas company's claim, that a county's decision regarding an underground pipelines constitutes a taking of property which just compensation must be provided, dismissed for lack of jurisdiction
Texas Gas Transmissions, LLC v. Butler County of Bd. of Comm'r, 09-3743, concerned a suit for declaratory and injunctive relief, brought by Butler County and Texas Gas, seeking a declaration of the priority of their respective property interests and of the county's authority to order Texas Gas to strengthen or remove the pipelines underneath a certain road at issue at the company's expense.
In affirming the district court's grant of declaratory relief to the county, the court dismissed Texas Gas's appeal, as it relates to whether the county's actions constitute a taking of property for which just compensation must be provided, for lack of jurisdiction.