Linder v. Arkansas Midstream Gas Services Corp.

Summary

The Arkansas Supreme Court considered whether Arkansas Code Annotated section 23-15-101 unconstitutionally delegated eminent-domain authority to Arkansas Midstream Gas Services Corporation for a private use. The court held that a pipeline operated as a common carrier serves a public use because members of the public have an equal legal right to use it, even if only a limited number of users initially do so. The court affirmed the circuit court’s ruling that the statute was constitutional as applied to the proposed natural-gas pipeline.

Holdings

1. Section 23-15-101 is constitutional as applied because a pipeline operated as a common carrier serves a public use when members of the public have the right to use it on equal terms, even if only a limited number of users are expected to do so.
2. The circuit court properly determined that Midstream was entitled to proceed with the eminent-domain action, and the court affirmed the certified final order.

Questions Presented

1. Whether Arkansas Code Annotated section 23-15-101 is unconstitutional as applied because it delegates eminent-domain authority to a private, for-profit pipeline company for a private rather than public use.
2. Whether the circuit court properly entered summary judgment determining that Midstream could exercise eminent-domain authority over the Linders' property.

Disposition

affirmed