As of the date of this writing, a decision by the Supreme Court of Oklahoma is still pending in this case. The Foundation provided legal representation for four landowners whose land was condemned by the Muskogee County Commissioners to make it available for use by a private company, Energitix, L.L.C. Energitix wanted the land in order to lay a pipeline to serve a private electricity generating plant. The landowners opposed the condemnation on the grounds that the county commissioners do not have the statutory authority to take land solely to benefit a private company.

In September of 2003, the Tulsa Division of the Oklahoma Court of Civil Appeals upheld the Foundation’s position on the improper use of eminent domain for a private purpose and reversed and remanded the case back to the District Court of Muskogee County with instructions. At that time, the County of Muskogee appealed the case to the Supreme Court of Oklahoma.

It is unclear whether the Kelo v. City of New London case, where the U.S. Supreme Court decided in a 5-4 vote that the taking of private property for a public use was appropriate, will have any influence on the decision of the Supreme Court of Oklahoma in this case.