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EQUITABLE GAS CO. v. KINCAID

No. 14478.

285 S.E.2d 421 (1981)

EQUITABLE GAS CO. v. George KINCAID, Jr., et al.

Supreme Court of Appeals of West Virginia.

December 18, 1981.

Attorney(s) appearing for the Case

Charles E. Anderson, Dennis H. Curry, Fairmont, for plaintiff in error.

Stephen R. Brooks, Furbee, Amos, Webb & Critchfield, Fairmont, for defendant in error.

HARSHBARGER, Chief Justice:

In this eminent domain proceeding, Equitable Gas Company obtained an easement or right-of-way 50 feet wide and 1,622.57 feet long, across land of George and Wilma Kincaid, to construct and maintain a natural gas transmission line. The Kincaids retained use of the land taken, except they were required to leave in place the Washington coal vein where there was less than 100 feet of cover over it; and they could not erect any structures on...

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