IN THE DISTRICT COURT OF GRADY COUNTY
STATE OF OKLAHOMA
DAVID ROWLEY AND
LAUREN ROWLEY,
Plaintiffs,
v.
ENERGY TRANSFER LP;
TRANSOK GAS GATHERING COMPANY;
and their successors and assigns,
Defendants.
Case No. CJ-26-74
PETITION FOR TRESPASS, INVERSE CONDEMNATION, DECLARATORY RELIEF, AND INJUNCTIVE RELIEF
COMES NOW the Plaintiffs, David Rowley and Lauren Rowley, a married couple, and for cause of action against the Defendants, Energy Transfer LP, Transok Gas Gathering Company, and alleges and states as follows:
I. JURY DEMAND
1. Plaintiffs hereby demand trial by jury on all issues pursuant to 12 O.S. § 556.
II. PARTIES
2. Plaintiffs David Rowley and Lauren Rowley ("Plaintiffs") are the owners of certain real property located in Grady County, Oklahoma (the "Property"). Described as follows:
A tract of land lying in the North Half of the Southwest Quarter (N/2 SW/4) of Section Six (6), Township Five (5) North, Range Eight (8) West of the Indian Meridian, Grady County, Oklahoma being more particularly described as follows:
COMMENCING at the northwest corner of the North Half of said Southwest Quarter (N/2 SW/4);
THENCE South 0°01'24" East, along the west line of said Southwest Quarter (SW/4), a distance of 687.03 feet to a point on the south right of way line of U.S. Highway 277 as described in ORDER NUNC PRO TUNC recorded in Book 5549, Page 514 and the POINT OF BEGINNING;
THENCE South 88°14'12" East, along said south right of way line, a distance of 708.08 feet;
THENCE South 0°01'24" East, parallel with the west line of said Southwest Quarter (SW/4), a distance of 602.78 feet to a point on the south line of the North Half of said Southwest Quarter (N/2 SW/4);
THENCE South 89°36'36" West, along said south line, a distance of 707.75 feet to the southwest corner of the North Half of said Southwest Quarter (N/2 SW/4);
THENCE North 0°01'24" West, along the west line of said Southwest Quarter (SW/4), a distance of 629.39 feet to the POINT OF BEGINNING.
3. Upon information and belief, Defendant Energy Transfer LP is a foreign limited partnership doing business in Oklahoma and engaged in the ownership and operation of natural gas pipeline facilities.
4. Defendant Transok Gas Gathering Company is a predecessor and/or affiliate involved in the pipeline right-of-way affecting the Property.
III. JURISDICTION AND VENUE
5. The Property is located in Grady County, Oklahoma.
6. The acts and omissions giving rise to this action occurred in Grady County.
7. Venue is proper in this Court pursuant to 12 O.S. § 131.
IV. DESCRIPTION OF PROPERTY
8. Plaintiffs are the fee owners of the Property herein described situated in Grady County, Oklahoma.
9. Plaintiffs’ title derives from the George and Delores Davidson Oath Trust dated May 21, 2025 and recorded January 20, 2026 in Book 6577 at page 175 of the records of Grady County, Oklahoma
V. THE TRANSOK / ENERGY TRANSFER EASEMENT
10. Defendants claim rights under a Pipeline Right-of-Way Easement recorded in Book 2754, Page 395 of the Grady County Clerk’s records (the “Easement”).
11. The Easement grants Defendants limited rights to construct and operate a pipeline within the specific easement corridor described therein.(Exhibit 1)
12. The Easement does not authorize Defendants to occupy land outside the granted easement strip.
VI. PIPELINE LOCATION OUTSIDE THE EASEMENT
13. Plaintiffs caused the Property to be surveyed by Christopher L. Tripp, PLS on or about January, 2026. (Exhibit 2)
14. The survey reflects that the existing gas pipeline, as flagged in the field, does not appear to lie within the Easement.
15. Upon information and belief, Defendants’ pipeline is materially outside the granted easement corridor.
16. Defendants have not obtained an amended easement, condemnation order, or other lawful authority permitting the pipeline’s present location.
VII. INTERFERENCE WITH PLAINTIFFS’ USE
17. Plaintiffs intend to construct a residence on the Property.
18. The mislocated pipeline materially interferes with the reasonable placement of Plaintiffs’ planned homesite.
19. The presence of the pipeline outside the easement has diminished the value of the Property and impaired Plaintiffs’ full use and enjoyment.
20. Plaintiffs provided written notice to Energy Transfer on or about November 19, 2025 demanding resolution, but Defendants failed and refused to remedy the situation.
CAUSES OF ACTION
A. TRESPASS
21. Plaintiffs incorporate the preceding paragraphs 1-20.
22. Defendants have placed and maintained a pipeline on Plaintiffs’ Property outside the bounds of the recorded easement.
23. Such unauthorized occupation constitutes a continuing trespass under Oklahoma law.
24. As a direct and proximate result, Plaintiffs have suffered damages including loss of use, interference with residential development, diminution in property value, professional expenses, and other damages to be proven at trial.
25. Plaintiffs are entitled to recover actual damages, costs, and all other relief allowed by law.
B. INVERSE CONDEMNATION
26. Plaintiffs incorporate the preceding paragraphs 1-25.
27. Defendants possess and exercise the power of eminent domain for pipeline purposes in Oklahoma.
28. By occupying Plaintiffs’ Property outside the granted easement without instituting condemnation proceedings, Defendants have taken or damaged Plaintiffs’ property for public or quasi-public use.
29. Plaintiffs are entitled to compensation for the fair market value of the property taken or burdened, damage to the remainder, loss of development value, interest, attorney fees where permitted, and costs.
C. DECLARATORY RELIEF
30. Plaintiffs incorporate the preceding paragraphs 1-29.
31. An actual controversy exists regarding the location and scope of the Easement or lack thereof.
32. Plaintiffs request a judicial determination that Defendants’ pipeline, to the extent located outside the easement corridor, is unauthorized.
33. Plaintiffs further request determination of the parties’ respective rights and obligations.
D. INJUNCTIVE RELIEF
34. Plaintiffs incorporate the preceding paragraphs 1-33.
35. Defendants’ continued occupation outside the easement constitutes an ongoing and irreparable interference with Plaintiffs’ property rights.
36. Plaintiffs have no adequate remedy at law unless Defendants are required to remove and relocate the pipeline into the authorized easement.
IX. ENTITLEMENT TO ATTORNEY FEES, COSTS, AND INTEREST
37. Plaintiffs incorporate by reference all preceding paragraphs 1-36 as though fully set forth herein.
38. Defendants possess and exercise the power of eminent domain in the State of Oklahoma for pipeline purposes pursuant to 52 O.S. § 1 et seq. and 66 O.S. § 51 et seq.
39. By occupying Plaintiffs’ Property outside the scope of the recorded easement without instituting proper condemnation proceedings, Defendants have effected a taking or damaging of private property for public or quasi-public use within the meaning of Article 2, § 24 of the Oklahoma Constitution.
40. Plaintiffs seek recovery of just compensation through their inverse condemnation claim, and this action is in the nature of a condemnation proceeding.
41. In the event Plaintiffs obtain a judgment establishing that Defendants have taken or damaged Plaintiffs’ property without proper condemnation, Plaintiffs are entitled to recover their reasonable attorney fees, expert fees, costs, and statutory interest as allowed by Oklahoma law
governing eminent domain and inverse condemnation proceedings, including but not limited to 66 O.S. §§ 55 and 60 and applicable Oklahoma case law.
42. Plaintiffs further allege that Defendants’ continued occupation of Plaintiffs’ Property after notice has required Plaintiffs to incur attorney fees and litigation expenses to protect their constitutional property rights.
43. Alternatively and additionally, Plaintiffs seek recovery of attorney fees and costs to the fullest extent permitted by any applicable statute, rule, equitable doctrine, or contractual provision that may be shown to apply following discovery.
44. Plaintiffs expressly reserve the right to supplement and more particularly state their statutory and equitable bases for attorney fee recovery as additional facts are developed.
45. Defendants have failed and refused to correct the unauthorized encroachment after receiving written notice and demand, thereby necessitating this action and further supporting Plaintiffs’ entitlement to recover litigation expenses and fees where permitted by Oklahoma law.
WHEREFORE, Plaintiffs pray for judgment against Defendants named herein, for judgment on all causes of action; for actual damages in an amount to be proven at trial; for inverse condemnation compensation as allowed by law; for an order requiring Defendants to remove and relocated the pipeline; for homesite accommodation damages; for declaratory judgment regarding the scope and location of the easement; for injunctive relief if necessary; for attorney fees, costs, and interest as allowed by Oklahoma law; and for such other and further relief as the Court deems just and equitable.
[Signature]
JAMIE M. CAVES, OBA NO. 18670
PARK, NELSON, CAYWOOD & JONES, LLP
122 North Fourth Street
Post Office Box 968
Chickasha, Oklahoma 73023-0968
Telephone: (405) 224-0386
Attorneys for Plaintiffs
VERIFICATION
STATE OF OKLAHOMA )
) ss:
COUNTY OF GRADY )
DAVID ROWLEY, of lawful age, being first duly sworn states: That he is the Plaintiff and that he has read the above and foregoing Petition, is familiar with the contents thereof and the matters and things therein stated are true.
DAVID ROWLEY
Subscribed and sworn to before me this 19 day of February, 2026.
ANGELA CAYWOOD JONES
NOTARY PUBLIC
#03010435
EXP: July 31, 2027
VERIFICATION
STATE OF OKLAHOMA )
COUNTY OF GRADY ) ss:
LAUREN ROWLEY, of lawful age, being first duly sworn states: That she is the Plaintiff and that she has read the above and foregoing Petition, is familiar with the contents thereof and the matters and things therein stated are true.
[Signature]
LAUREN ROWLEY
Subscribed and sworn to before me this 19 day of February, 2026.
[Signature]
ANGELA CAYWOOD JONES NOTARY PUBLIC
RETURN TO GENERAL SERVICES
Transok Gas Gathering Co.
P.O. Box 3008
Tulsa, Oklahoma 74101
Co. Agent Ron Roberson
LINE No. Gath TRACT No. 1 AFE_70326
BOOK 2754 PARCEL 395
PIPELINE RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That Danny Davidson and Leah Davidson, husband and wife.
hereinafter referred to as "Grantor", for the sum of Ten Dollars ($10.00) and other good and valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys and warrants unto TRANSOK GAS GATHERING COMPANY, a Corporation, its successors and assigns, hereinafter referred to as "Grantee", the perpetual right, privilege and authority to construct, maintain, inspect, operate, protect, repair, replace, change, raise, lower or remove a pipeline and valves, fittings, devices for controlling electrolysis and to clean the pipeline interior, other necessary appurtenances located below ground and suitable markers to mark the location of the pipeline for the transportation of oil, gas and the products thereof, over, through, upon, under and across land situated in ____County, State of Oklahoma, to-wit:
Part SW 1/4 Section 6 T5N R8W, I.M.
More particularly shown on Exhibit "A" attached hereto and made a part hereof.
Also granting said Grantee its successors and assigns, together with the right of ingress to and egress from said land across the adjacent property of the grantor for the purpose of constructing, operating, inspecting, repairing, maintaining, replacing, re-sizing or removing the pipeline and appurtenances of the Grantee located thereon in whole or in part. Grantor to have the right to fully use and enjoy the above described premises, except as to the rights herein granted, and Grantor agrees not to build, create or construct, nor permit to be built, created or constructed, any obstruction, building, engineering work, or other structure both above and below surface of said pipeline right-of-way.
It is further agreed as follows:
1. That during construction the Grantee will bury the pipeline to provide a minimum cover of _48__ inches except in rock where a minimum cover of __36__ inches will be provided, and excepting all appurtenances that by their nature are above ground.
2. That during construction, repairing or removal of any pipeline the Grantee may utilize additional land on either side of the easement strip necessary for working space.
3. That the exact location of the easement strip conveyed hereby shall be determined by the construction of Grantee's pipeline, and shall thereupon be established as being _15__ feet on the Easternly side and __15__ feet on the Westerly side of the centerline thereof.
4. That Grantee will pay for any damages caused by the construction, maintenance, or operation of the Grantee's facilities provided, however, that the Grantee shall have the right from time to time to cut or clear trees, brush and other obstruction on said right-of-way that might interfere with the operations or maintenance of Grantee's facilities.
5. That Grantee will restore the surface to its original contour as nearly as practicable to which was damaged by construction, maintenance or operation of said pipeline under or through above described land.
6. That this instrument may be executed in counterparts and that Grantor shall receive payment hereunder in such proportion as their respective interest bear to the fee simple title.
7. That the right of the Grantee may be assigned in whole or in part.
This instrument and the covenants and agreements herein contained shall inure to the benefits of and be binding and obligatory upon the heirs, executors, administrators, successors, and assigns of the parties hereto.
Call "OKIE ONE CALL" and/or Grantee prior to excavating.
SIGNED AND DELIVERED THIS August 17th, 1994
Danny Davidson
Leah Davidson
(Individual Acknowledgment)
STATE OF OKLAHOMA, County of Grady, ss.
The foregoing instrument was acknowledged before me this 17th day of August, 1994 by Danny Davidson and Leah Davidson.
My Commission expires 12-10-94
Ronald A. Roberson
Notary Public
(Individual Acknowledgment)
STATE OF OKLAHOMA, County of ________, ss.
The foregoing instrument was acknowledged before me this ________ day of ____________, 19____.
My Commission expires ____________________________
Notary Public
(Individual Acknowledgment)
STATE OF OKLAHOMA, County of ________, ss.
The foregoing instrument was acknowledged before me this ________ day of ____________, 19____.
by ____________________________
My Commission expires ____________________________
Notary Public
(Corporate Acknowledgment)
STATE OF OKLAHOMA, County of ________________, ss.
The foregoing instrument was acknowledged before me this ________ day of ____________, 19____, by ____________________________, President of ____________________________ corporation, on behalf of the corporation.
My Commission expires ____________________________
Notary Public
APPROVED LAW DEPT
BOOK 2754 EXC. 397
1481'
N. 59° 49' 38" E.
.613'
N. 10° 17' 18" E.
.10'
PROPOSED 6" TRANSOK PIPELINE
PASTURE
N. 27° 19' 48" E.
1122'
WELL LOC.
N. 24° 16' 37" E.
399'
OWNERSHIP PLAT
DANNY DAVIDSON etux
1846' FEET
111.2 RODS
TRANSOK INC.
PROPOSED 6" PIPELINE
PT. SW/4 SEC. 6
T. S.N., R.B.W., I.M.
GRADY CO., OK.
STATE OF OKLAHOMA
GRADY COUNTY
S.S.
THIS INSTRUMENT IS FILED FOR RECORD
on the 22nd day of March, A.D. 1994
at 8:10 P.M. and duly recorded
in Book 2754, on page 395
BEETT BALUARD County Comr.
DATE: 8/15/94 SCALE: 1" = 400'
JF 8009-0 AFE: 7032G
[The page consists of a detailed aerial map with labels for roads, houses, and possibly other features. There are also various annotations and stamps, including a seal, but no readable handwritten text. The bottom right corner contains "EXHIBIT 2." There are no discernible paragraphs or numbered sections.]