Pacific Gas Transmission Co. v. Richardson's Recreational Ranch, Ltd.

This ease arises out of the efforts of a property owner to prevent a natural gas company from entering his property to conduct surveys federal law requires of those carrying natural gas by pipeline. The company brought suit in federal court and obtained an injunction based on a right-of-way agreement it had negotiated in 1960 to build a pipeline. The property owner appeals. We affirm the narrow injunction the district court entered.

BACKGROUND

Pacific Gas Transmission Company (“PGT”), a common carrier of natural gas, is licensed by the Federal Energy Regulatory Commission (“FERC”) to transport gas by pipeline from the Idaho/Canada border to Oregon. On June 18,1960, PGT entered into a right-of-way agreement with the owners of the land now owned by appellant, Richardson’s Recreational Ranch, Ltd. (“RRR”). Under the agreement, PGT obtained a 100-foot right-of-way through RRR’s land to “install ... such pipeline or lines of any size as [PGT] shall from time to time elect for conveying natural and artificial gas.... ” The agreement also gives PGT “the right to use such portion of said lands adjacent to and along [the 100-foot] strip as may be reasonably necessary in connection with…