- 12 - ordinary and normal course of petitioner's business; (2) relocation expenses, such as petitioner incurred, are commonly and ordinarily incurred in the pipeline business and are necessary in the operation of that business; (3) the relocation was not part of a general plan of rehabilitation and did not adapt the pipeline to a new use; and (4) the pressure, capacity, and use of the pipeline were the same before and after the relocation. They disagree as to the differences in quality between the 1991 pipe and the 1968 pipe it replaced, and the impact of those differences on the useful life and the effect on the overall value of the pipeline. The Route 83 relocation involved less than 1,000 feet of pipeline out of 25 miles of 16 inch pipeline, which was part of a 335-mile system. See Fire Companies Bldg. Corp. v. Burnet, 57 F.2d 943, 944 (D.C. Cir. 1932) (this "is not a case of replacing a few feet of iron piping with brass piping, but rather the replacing of all iron piping in the hot-water system with a much more expensive material, which appreciably added to the value of the property."). Regardless of whether the 1991 pipe is of better quality or has a longer life than the materials used in constructing the 1968 pipeline, we are satisfied that the Route 83 relocation, given its limited scope, did not materially add to the value of the pipeline or appreciably prolong the life of the 1968 pipe. We are not persuaded otherwise by the analysis ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011