Section 393.440

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 393

Effective - 28 Aug 1953   

  393.440.  Powers not to be exercised until approved by public service commission. — None of the following rights, to wit:

  (1)  The right to condemn any stratum or formation for the purpose of utilization thereof for the underground storage of gas, or

  (2)  The right to proceed as in cases of condemnation provided for by section 393.420, or

  (3)  The right to acquire by condemnation temporary licenses pursuant to section 393.430 may be exercised by any gas storage company unless such company shall have first obtained an order from the public service commission finding that the exercise of such rights by such company will be in the public interest.  Such order shall be made after hearing, and shall be effective, and subject to application for rehearing and to judicial review, as in the case of other orders of the public service commission.

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(L. 1953 p. 513 § 10)

(1956) Evidence held to justify authorization of condemnation proceeding by public service commission. Collins v. Pub. Serv.  Comm., 365 Mo. 1086, 293 S.W.2d 345.