Pipeline wins eminent domain lawsuit before Appeals Court

 

The Oklahoma Court of Civil Appeals handed a victory this week to a pipeline company in a fight over eminent domain and condemned land in Logan County.

The Court ruled in favor of DCP Southern Hills pipeline, LLC of Denver, Colorado after it had been sued in 2018 following the 2012-2013 construction of a pipeline on land. The suit was filed by D.K. Garnand and Debbie Garnand as trustees of the Daniel and Deborah Garnand Living Trust.

The suit accused the pipeline company of constructing the line beyond the 75-foot easement which had been obtained through eminent domain. A lower court ruled the Garnand’s lawsuit failed to meet a two-year statute of limitations and the Appeals Court agreed.

The pipeline raised testimony from the landowner who admitted he measured at the time of the construction in 2012 and determined the line went beyond the 75-foot easement but didn’t file suit until 2018.

“These admissions show the Landowner knew or should have known that pipeline company had taken more than the 75 feet allowed by the easement,” stated the court.

“Following de novo review, we afirm the judgment in favor of the pipeline because the landowners’ petition was filed after the expiration of the applicable statute of limitations,” ruled the Appeals Court.