Lynda Like, et al. v. Transcontinental Gas Pipe Line Company, LLC
Takings JusticiabilityDoctri
Whether district courts are empowered to grant preliminary injunctions giving private companies immediate possession of land before final judgment in Natural Gas Act condemnations
QUESTION PRESENTED The Natural Gas Act (15 U.S.C. § 717f(h)) delegates to certain private companies the ordinary eminent domain power: that is, the power to bring a condemnation lawsuit and then buy land at an adjudicated price after final judgment. The Act does not delegate the separate power to take immediate possession of land. Notwithstanding the Act’s limited delegation, are district courts empowered to enter preliminary injunctions giving private companies immediate possession of land before final judgment in Natural Gas Act condemnations?