The Tishners are successors in interest to the rights retained by Noblesville Milling Company under the terms of the easement. No. Stay up-to-date with FindLaw's newsletter for legal professionals, PANHANDLE EASTERN PIPE LINE COMPANY v. TISHNER. 2. Thus, within the easement, Panhandle has the right to enter upon the easement and to make repairs and replacements to its pipeline, including any necessary excavation, without regard to structures erected upon the easement, and the Tishners erected such structures at their peril. In 1989 Panhandle Eastern Pipe Line Company bought Texas Eastern Transmission for $3.2 billion and became PanEnergy. Firefox, or Internet Explorer 11 is no longer supported. © 2020 PitchBook Data. National Fuel Gas Supply Corp. v. Public Serv. 10, 17-18, 161 N.E.2d 175, 178 (1959). The Tishners have also failed to establish that their use of the easement was exclusive. Panhandle retains all of its rights to its easement through the Tishners' property. There was no sustained hostile use of the easement. Beginning in August 1942, War Emergency Pipelines, Inc., launched the longest petroleum pipeline construction project ever undertaken in the United States – two pipelines spanning 1,200 miles. ET ETP ETPprC ETPprD ETPprE Legacy ETP Legacy SEMG. The Big Inch was completed just 350 days after construction began. Panhandle next had to perform substantial work on the easement in 1988. Thanks to a combined effort of the government and industry, two pipelines were constructed to carry oil from Texas to Midwest and East Coast refineries…and win the war. “The Big Inch and Little Big Inch pipelines, it should be stressed, aided almost beyond estimation the winning of World War Two by the Allies,” Miller proclaimed in his 2002 article for the History News Network. See Clark, 654 N.E.2d at 1185-86. Liability for damage to buildings resulting from the loss of lateral support must be based upon the negligence of the adjoining landowner in carrying on the activity which occasioned the loss of lateral support. PANHANDLE EASTERN PIPE LINE CO. v. The UNITED STATES. Copyright © 2020, Thomson Reuters. The survey contained in the Record shows some within the easement, some without, and some overlapping the easement boundary. Texas Eastern closed Friday at $48.50 a share on the New York Stock Exchange. At no time did the Tishners “oust” Panhandle from its easement. The pipelines, both finished before the D-Day invasion at Normandy on June 6, 1944, made possible the delivery of huge quantities of oil and its refined products for Operation Overlord, the landing in northern France, Miller explains. Id. Id. Pursuant to this policy, Panhandle did not ask the Tishners to remove any of their improvements in the easement until work on the pipeline made removal necessary. “Besides, without the outstanding cooperation of the Petroleum Administration for War with the numerous oil companies of America, World War Two very likely would never have been won by the Allies either,” Miller added in a George Washington University article. Photo courtesy the German Historical Society of Military History. With a goal of transporting thousands of barrels of oil per day, the $95 million project called for construction of a 24 inches in diameter pipeline (Big Inch) from East Texas oilfields to Illinois. The Surplus Property Administration hired an engineering firm, which recommended the pipelines be converted to natural gas transmission. See McKinney v. Lanning, 139 Ind. See also Wolf v. Forcum, 130 Ind.App. Possession is “hostile” if the party claiming adverse use does not disavow his or her right to possess the property or acknowledge that it is subservient to the title of the true owner. As a natural gas company, Panhandle's operations are governed by the Federal Energy Regulatory Commission (FERC), the Natural Gas Pipe Line Safety Act, and regulations of the Department of Transportation relating to the location, construction, design, maintenance, operation, and safety of facilities and pipelines. The company operates a natural gas interstate pipeline … A corporate filing is called a foreign filing when an existing corporate entity files in a state other than the state they originally filed in. 400-61. The trial court awarded the Tishners damages for repair of their pool wall, patio, yard, curb, driveway, and playground.2 The trial court found that in the course of Panhandle's 1988 and 1989 projects, it unreasonably failed to shore up or brace the trenches, causing damage to the Tishners' pool wall and patio.
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