(DOWNLOAD) "Claude R. Richardson And Elma Richardson" by Fourth District Court of Appeals of Indiana # eBook PDF Kindle ePub Free
eBook details
- Title: Claude R. Richardson And Elma Richardson
- Author : Fourth District Court of Appeals of Indiana
- Release Date : January 30, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Plaintiff-appellants, Claude and Elma Richardson appeal from the summary and final judgments entered in favor of the defendant-appellees, Citizens Gas & Coke Utility, the Board of Directors for Utilities of the City of Indianapolis and Citizens By-Products Coal Company (collectively referred to as Citizens), on the Richardsons amended complaint claiming an inverse condemnation under Indianas eminent domain law[Footnote 1] by Citizens. The Richardsons amended complaint was premised upon an alleged improper seizure of their right to coal and other minerals, as conveyed to Claude Richardson by deed in 1933, located under real estate situated in section ten, Township 7 North, Range 7 West in Greene County, Indiana (Section 10). The Richadsons alleged Citizens committed a compensible taking of their: 1) coal and mineral interests (which were unmined but were in place); 2) oil and gas already mined; and 3) underground gas storage rights. Citizens denied these claims in its answer and raised several affirmative defenses the gist of which asserted the Richardsons owned only the coal interests while Citizens possessed title to the oil, gas and underground gas storage rights by virtue of leases and assignments of leases executed by the surface owners of Section 10. Finally, Citizens argued Indiana law vested ways of necessity[Footnote 2] in the natural gas storage lessee through the Richardsons coal and such easements did not constitute a compensible taking.