American Natural Gas Co. v. Evans

Citations

• 63 Pa. Super. 162
• 1916 Pa. Super. LEXIS 125

Syllabus

<p>Eminent domain — Natural gas company — Deed—Pipe- line— Agreement with owner — Revocation of agreement.</p> <p>Where a landowner, in consideration of receiving natural gas for his premises at a fixed price, grants to a gas company the right to lay and maintain a pipe line through and under his land, and the right to construct and operate a telegraph or telephone line over his land, the gas company cannot, by a mere notice of its intention to maintain its pipe line by the right of eminent domain, and not thereafter supply gas at the price fixed by the contract, place itself in a position to cut off the supply of gas; but the company may by proper corporate action resolve to abandon and surrender its rights, under the contract, and if it does so, and serves proper notice thereof upon the landlord, it may proceed forthwith to condemn property sufficient for the maintenance of its pipe line without actually taking up the pipes already laid on the property.</p> <p>In such a case it is not within the discretion of the court below' to refuse to approve of a bond filed in the condemnation proceedings if the bond is itself sufficient. The refusal to approve the bond under suph circumstances may be reviewed by the appellate court on certiorari.</p>