A Pennsylvania Supreme Court decision provides very strong support of private property rights. It rejected an attempt at use of eminent domain for primarily private, not public, purposes. The decision continues the long established consistency of the Pennsylvania Supreme Court protection of private property rights.
Eminent domain has again been reaffirmed to only be for a valid, and primarily, public purpose. The attached decision in the matter known as Robinson Township v. Commonwealth of Pennsylvania provides great support and encouragement to those challenging the Sunoco Pipeline attempt to use eminent domain for the Mariner East 2 proposed pipeline which would ship ethane across Pennsylvania and to Europe. The decision very strongly suggests that the Pennsylvania Supreme Court will reject the use of eminent domain for the Mariner East 2 pipeline(s) which would have less public purpose than the underground gas storage proposal reviewed in the attached decision. The most pertinent language is found at pages 78 – 86. Pennsylvania property owners […]