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(Download) "Colorado Interstate Gas v. Bd. of Morton Cty. Comm'Rs" by Supreme Court of Kansas # eBook PDF Kindle ePub Free

Colorado Interstate Gas v. Bd. of Morton Cty. Comm'Rs

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eBook details

  • Title: Colorado Interstate Gas v. Bd. of Morton Cty. Comm'Rs
  • Author : Supreme Court of Kansas
  • Release Date : January 07, 1990
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

The opinion of the court was delivered by In this consolidated appeal, appellants Colorado Interstate Gas Company, Northern Natural Gas Company, and Panhandle Eastern Pipe Line Company appeal from the decision of the State Board of Tax Appeals (BOTA) reversing the determination of the Director of Property Valuation (PVD) that stored natural gas belonging to appellants constituted merchants' and manufacturers' inventory and was thus exempt from ad valorem taxation pursuant to Article 11, § 1 of the Kansas Constitution. The appellees are the Boards of County Commissioners of Meade, Morton, and Pratt Counties who had appealed the PVD's decision to BOTA. Before turning to the issues, a brief background statement is appropriate. The appellants are public utilities operating interstate natural gas pipelines and are regulated by the Federal Energy Regulatory Commission. They buy gas at the wellhead, in the field, or at plant outlets for transportation and sale to local distribution companies. The level of production of natural gas remains relatively constant throughout the year, but the demand for the product is much higher in the cold weather months. As a result, appellants buy more gas during the warm weather months than their markets can immediately absorb. The surplus gas is regularly and routinely placed in underground storage facilities to await its sale during the periods of greater demand. Such storage facilities are authorized by the Underground Storage of Natural Gas Act, K.S.A. 55-1201 et seq. Such
facilities, as pertinent herein, exist as follows:

1. Colorado Interstate in Morton County;

2. Northern Natural Gas in Pratt County; and

3. Panhandle Eastern in Meade County.


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