Abstract
After Coquina Oil Corp. v. Harry Kourlis Ranch, Inc., a lessee in Colorado must be certain that a right-of-way exists to his leasehold or be willing to pay whatever fee the adjacent landowner demands if his lessor cannot be prevailed upon to institute a condemnation action. The Coquina decision, though very restrictive in refusing to allow a federal oil and gas lessee to condemn a private way of necessity, is consistent with prior Colorado law. The Coquina decision forces federal oil and gas lessees to use caution in entering into oil and gas leases. It seems likely that in a case similar to Coquina, the Utah Supreme Court would adhere to its liberal history and allow a lessee to initiate condemnation proceedings. Utah has declared through its case law that it is firmly committed to the broad view of public use. The question of how far the limits of that public use concept may extend, however, cannot be answered definitively. Thus, a lessee in Utah would be well advised to secure his easement through conventional contract and lease arrangements.
DOI
https://doi.org/10.63140/m1lpqiqxef
Recommended Citation
Holt, Timothy W.
(1984)
"Eminent Domain and the Federal Oil and Gas
Lessee-Lessee's Standing to Condemn a
Right-of-Way,"
Utah Law Review: Vol. 1984:
No.
2, Article 6.
DOI: https://doi.org/10.63140/m1lpqiqxef
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss2/6