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Public Utilities: Gas Line Relocation – Taking – Public Road

Where a county sought to compel a gas company to pay for the cost of relocating its gas lines so that the county could widen a road, the trial court’s entry of summary judgment in favor of the county is reversed because the gas lines were located in utility easements, which are constitutionally recognized property interests, so requiring the gas company to relocate the lines without compensation would be an unconstitutional taking of private property.

Judgment is reversed and remanded.

St. Charles County v. Laclede Gas Company (MLW No. 62699/Case No. SC91539 – 8 pages) (Supreme Court of Missouri, Teitelman, C.J.; Russell, Breckenridge, Fischer, Stith and Price, JJ., and Wolff, Sr. J., concur) Appealed from circuit court, St. Charles County, Cunningham, J. (Booker T. Shaw, Mary M. Bonacorsi, Paul D. Lawrence and Carl J. Pesce, St. Louis, for appellant) (Greg H. Dohrman, St. Charles, for the county).

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