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9th Circ. Rejects 'Quick-Take' In Pipeline Project

Law360 (December 12, 2008, 12:00 AM EST) -- A federal appeals court has upheld a decision denying Transwestern Pipeline Co. a preliminary injunction as the company sought immediate possession of a parcel of land for its Phoenix-area natural gas pipeline expansion project.

The U.S. Court of Appeals for the Ninth Circuit ruled Friday that, until an order of condemnation is issued, Transwestern has no substantive right to “quick-take” the land, despite the fact that it has permission ultimately to build the pipeline under the Natural Gas Act.

“We see it as a vindication of...
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