Eighth Circuit, In Split With 3rd and 11th, Determines No Attorney Fees Authorized in Condemnation by Private Party Pursuant to the NGA

Eighth Circuit split with the Third and the Eleventh Circuits, which previously held that the Natural Gas Act (NGA) leaves a gap to fill when it comes to the substantive determination of just compensation and applied state law (which may allow for attorney fees) to fill that gap.

       

Eighth Circuit split with the Third and the Eleventh Circuits, which previously held that the Natural Gas Act (NGA) leaves a gap to fill when it comes to the substantive determination of just compensation and applied state law (which may allow for attorney fees) to fill that gap.