UNLV Special Collections provides copies of materials to facilitate private study, scholarship, or research. Material not in the public domain may be used according to fair use of copyrighted materials as defined by copyright law. Please cite us.
Please note that UNLV may not own the copyright to these materials and cannot provide permission to publish or distribute materials when UNLV is not the copyright holder. The user is solely responsible for determining the copyright status of materials and obtaining permission to use material from the copyright holder and for determining whether any permissions relating to any other rights are necessary for the intended use, and for obtaining all required permissions beyond that allowed by fair use.
This material is made available to facilitate private study, scholarship, or research. It may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UNLV. Users are responsible for determining whether permissions are necessary from rights owners for any intended use and for obtaining all required permissions. Acknowledgement of the UNLV University Libraries is requested. For more information, please see the UNLV Special Collections policies on reproduction and use (https://www.library.unlv.edu/speccol/research_and_services/reproductions) or contact us at special.collections@unlv.edu.
Digital Provenance
Digitized materials: physical originals can be viewed in Special Collections and Archives reading room
Publisher
University of Nevada, Las Vegas. Libraries
Transcription
6/3/54 •ML:dk ARKANSAS NATURAL OAS IS- s'.wr^sg Ct. v CO;M MISSIsO NER~S Suit to retrain defendants from assessing plaintiffs’ gas .distributing lines for the construction of /Qbe road. The lines involved were located in the public streets of the town under a franchise. The question involved, whether the lines were personal or real property. The Court stated that franchises for pipes were similar to franchises for street railways, and, assessments against the latter were not proper inasmuch as such franchises involved only the right to the use of the street in common with others and hence are not real property interests. Levies against railroad right of ways were declared proper Thus a mere right of use in streets for pipe mine purposes was said not to confer an easment in the sdil, and as a result such pipes are personal property not subject to assessment as realty. The court instructed the trial court to enjoin defendants from levying the assessment. - 1 -
