Appeal Pursued in Gas Company Easement Case

SEARCY, Ark. (AP) _ A landowner in White County is pledging an appeal of a judge's ruling that turned away an attempt to block a natural gas pipeline from being located on private property.

In August, Circuit Judge Bill Mills granted a request by Arkansas Midstream Gas Services, a subsidiary of Chesapeake Energy Corp., to force a group of landowners to accept the pipeline across their land.

The property owners, Carroll and Lorene Smith, Kathryn Hastings, Patsy May McKinney and the Ralph Loyd Martin Revocable Trust, were told by Mills that the pipeline constituted a public use. Now the attorney for one of the property owners is preparing an appeal.

Attorney Don Raney, who represents the Smiths, said he is waiting on the judge to file a finding of fact so he can appeal. Raney said he wants to appeal on constitutional grounds, which would place the matter before the Arkansas Supreme Court.

Mills ruled Midstream has the power of eminent domain, saying the state constitution gives authority to the Legislature to grant eminent domain to private corporations. The Legislature has given the right to Midstream and other natural gas companies, the ruling said.

Chesapeake spokesman Mark Raines declined to comment on the case because it was a continuing legal matter.

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