10th Circuit Denies Rehearing, Awards Tribal Landowners Attorney Fees

Mealey's (December 19, 2018, 1:08 PM EST) -- DENVER — The 10th Circuit U.S. Court of Appeals on Dec. 17 declined to rehear its decision that a natural gas company cannot condemn a piece of land in Oklahoma for a pipeline easement because an Indian tribe’s undivided ownership interest in the property makes it tribal land protected by sovereign immunity.  The next day, the court said the tribal landowners are entitled to an award of attorney fees for winning the appeal (Enable Oklahoma Intrastate Transmission, LLC v. 25 Foot Wide Easement, et al., No. 17-6188, 10th Cir.)....