The Eighth Circuit has diverged from the Third and Eleventh Circuits regarding attorney fees in condemnation actions under the Natural Gas Act (NGA). In the recent case of WBI Energy Transmission v. 189.9 rods, more or less, located in Township 149 North, No. 24-1693, the Eighth Circuit concluded that attorney fees are not authorized in condemnation actions pursued by private parties under the NGA. This decision contrasts with prior rulings from the Third and Eleventh Circuits, which recognized a gap in the NGA when it comes to determining just compensation and have applied state law to fill that gap, sometimes including provisions for attorney fees.
The case arose from a situation in North Dakota, where WBI Energy Transmission, Inc. sought property for an interstate pipeline. The district court initially ruled that WBI should pay the attorney fees of a landowner, citing state law. However, the Eighth Circuit’s recent ruling upends this decision by establishing that such fee awards are not supported under the NGA framework. For further details on this case, please follow this link.