Monthly Archives: May 2015

Court denies pipeline company the power of eminent domain

Hot pink ribbons were tied to fences, trees and wooden stakes to mark the route through one farm in Stamping Ground where two energy companies would install a pipeline to carry natural gas liquids generated by fracking in states such as Pennsylvania and Ohio.
Court of Appeals rules pipeline company does not have power of eminent domain in Kentucky
By: Greg Kocher

In a 3-0 decision, the Kentucky Court of Appeals said Friday that Bluegrass Pipeline LLC did not have the power of eminent domain because it was not a utility regulated by the Public Service Commission.

Because the natural gas liquids are not directly reaching Kentucky consumers, “the pipeline cannot said to be in the public service of Kentucky,” the court said.

The decision is a victory for landowners who had opposed efforts to put a natural gas liquids pipeline across 13 Kentucky counties, said Tom FitzGerald, the attorney who represented a group called Kentuckians United to Restrain Eminent Domain, or KURED.

“My clients are […]

By |May 28th, 2015|Categories: Pipeline Construction|

Mike Faherty speaks at meeting concerning Sunbury Pipeline

Attorney Michael Faherty uses an exercise ball to illustrate the diameter of the proposed Sunbury Pipeline. On the table is a piece of an eight-inch main pipe.
Lawyer: Know your gas pipeline rights
By Evamarie Socha/The Daily Item

Real estate property values are very subjective, he said. “Your rights are much more valuable than they’d have you believe,” and the harm that can come from an explosion or leak “could be greater than what (the gas company) is offering. “What’s in writing counts,” Faherty said; that is among things settled in an eminent domain negotiation. To that end, Faherty’s advice was be careful, and get a lawyer

UGI Sunbury officials have been advising the same thing, said spokesman Ken Robinson. “We’ve told people: get a lawyer, make sure you know what you’re doing and what your rights are,” not just because it’s the right thing to do but because UGI also is part of the communities where the pipeline will run.

“UGI Sunbury has gone […]

By |May 26th, 2015|Categories: Pipeline Construction|

Pipeline Safety Remains an Issue

May 19, 2015: This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara. (Mike Eliason/Santa Barbara County Fire Department via AP)

Pipeline safety remains an important issue to all but especially when land owners are faced with pipeline construction on their property.

On Tuesday, a 24 inch pipeline ruptured along the Santa Barbara coast spilling an estimated 21,000-gallons of crude oil into the Pacific Ocean. Incidentally, this is the same stretch of coastline which suffered a massive oil spill in 1969 which is credited to the rise of the American environmental movement. The cause of the break in the pipeline is unknown at this time. Owen Bailey, executive director of the Santa Barbara-based Environmental Defense Center said, “Unfortunately, with accidents and oil development it is not a question of if, but of when.”
Burst pipeline spills 21,000 gallons of oil into ocean off California
Published May 20, 2015 […]

By |May 21st, 2015|Categories: Pipeline Construction|

Mariner East 2 and Prior Easement

Sunoco Pipeline proceeded to Cumberland County Court seeking a preliminary injunction to obtain the opportunity to survey two large properties. Sunoco asserted survey rights based on prior easements and based on eminent domain power. Mike Faherty litigated for the owners. Judge Edward E. Guido granted survey rights. Favorably for the owners, he based the survey right on the old easement, not on any new eminent domain power.

By |May 12th, 2015|Categories: Pipeline Construction, Property Rights|

Mike Faherty speaks at Landowners Meeting

Meeting on pipeline project advises landowners of rights
Written by: Elizabeth Gibson, For PennLive.
Published in: Patriot News, May 2, 2015

Allen Trayer picked up some new tools in his fight against a Sunoco Logistics project that is bringing a new oil pipeline through Pennsylvania along the same path as an existing line.

The North Middleton Township landowner was among 50 residents who learned about landowner rights and the steps they can take to protect those rights during a meeting hosted in Carlisle by Cumberland and Perry Pipeline Awareness

Attorney Michael Faherty talked about contract terms that landowners could seek to be sure they aren’t giving away valuable rights if they agree to allow the line that is under construction to cross their property.

He said that landowners must be wary of any activity on their property that they haven’t agreed to, including a seemingly harmless survey of their land.

The existing pipeline crosses Trayer’s land.

Trayer’s neighbor, Scott Martin, said legal expertise on the pipeline project […]

By |May 7th, 2015|Categories: Pipeline Construction|