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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Board of City Commissioners of Muskogee County v. Lowery
Citation:
136 P.3d 639 (Okla. 2006)Facts
Muskogee County sought to condemn temporary and permanent right-of-way easements from multiple landowners for installation of three water pipelines. Two pipelines, collectively called the Eagle Pipeline, would exclusively serve Energetix, a privately owned electric generation plant requiring up to 8,000,000 gallons of water daily for cooling towers in its 825 megawatt natural gas-fired power plant operations. The third pipeline would serve Rural Water District No. 5 pursuant to a contract whereby Energetix agreed to construct this pipeline at no cost to the Water District as consideration to induce property owners to grant easements for the Eagle Pipeline. Critically, Energetix’s duty to construct the Water District Pipeline was conditioned upon first obtaining all rights-of-way for the private Eagle Pipeline. The County justified the condemnation on grounds of enhancing economic development through increased taxes, jobs, and investment, as well as providing water service to rural residents.
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