East Tennessee Natural Gas Co. v. Sage
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East Tennessee Natural Gas Co. v. Sage, 361 F.3d 808 (4th Cir. 2004), cert. denied, 543 U.S. 978 (2004),[1] is a seminal case in which the United States Court of Appeals for the Fourth Circuit held that a gas company using its powers of eminent domain under the Natural Gas Act can obtain immediate possession by satisfying the requirements for a preliminary injunction. This process effectively permits the condemning company to use a "quick take" procedure.
Quick Facts East Tenn. Gas Pipeline Co. v. Sage, Court ...
East Tenn. Gas Pipeline Co. v. Sage | |
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Court | United States Court of Appeals for the Fourth Circuit |
Argued | September 25 2003 |
Decided | March 22 2004 |
Citation(s) | 361 F.3d 808 (4th Cir. 2004) |
Case history | |
Appealed from | Western District of Virginia |
Subsequent history | eh'g en banc denied, 369 F.3d 357 (2004), cert. denied, 543 U.S. 978 (2004) |
Court membership | |
Judge(s) sitting | M. Blane Michael, Paul V. Niemeyer, Diana Gribbon Motz |
Case opinions | |
Majority | Michael, joined by Niemeyer, Motz |
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Since the publication of Sage, five other circuits have followed its reasoning. In 2019, the Fourth Circuit upheld Sage in a case involving the Mountain Valley Pipeline.