Mike Faherty

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So far Mike Faherty has created 27 blog entries.

Pipeline Companies and Preserved Farms

New Jersey’s adoption of preserved land protection in the face of pipeline threats presents a good model for protections in Pennsylvania and other states.
SADC to Pipeline Companies: Stay off Preserved Farms
The State Agriculture Development Committee (SADC) has provided a procedural overview that highlights many potential roadblocks for pipeline development in New Jersey. These procedures deny attempts for intrastate gas pipelines and electric utilities to cut through preserved farms. The procedures show statewide implications for pipeline companies to adhere to, including no other mechanism to obtain rights of land without condemnation, and setbacks to obtain eminent domain. It includes a long approval process for right of easement, compensation of impacts to land owners and SADC, in addition to forcing the company to use a higher assessment value for preserved farms based on if they were developed.

“We applaud SADC’s position that they cannot sign away their easements on preserved farmland. The people of New Jersey paid to protect these farms from development, […]

By |August 11th, 2015|Categories: Pipeline Construction|

Sunoco Pipeline Files for Eminent Domain

Faherty Law Firm is presenting multiple defenses to the request for eminent domain power by Sunoco Pipeline.
Sunoco Pipeline seeking more property in Mt. Pleasant, Independence and Hopewell townships
By Francesca Sacco, Staff writer, observer-reporter.com

Sunoco Pipeline LP of Pennsylvania has again filed eminent domain documents in Washington County Court, seeking temporary and permanent rights of way on land in three townships and one borough to move natural gas products as a part of its Mariner East project.

This is the fourth time Sunoco Pipeline filed documents regarding land in and around Mt. Pleasant, Independence and Chartiers townships. The most recent filings Friday also seek land in Hopewell Township and West Middletown. If the petitions are granted, Sunoco Pipeline would permanently acquire 11 acres.

The company filed the eminent domain cases against Rodney Lee and Robin Louise Rohrer of 108 Poplar Road, Avella; John Paul Craig, Frank Stewart Craig and Timothy David Craig of 638 Country Road, Avella; Harry Joseph and Patricia Marie Yevins of […]

By |July 31st, 2015|Categories: Pipeline Construction|

Sunoco Pipeline disclosed plans for third Mariner East Pipeline

Sunoco Pipeline has obtained approval for Pennsylvania service via a pipeline placed into service in 1936. Repair and replacement work on that Mariner East 1 pipeline is ongoing. Sunoco pipeline has also obtained federal approval to construct an interstate Mariner East 2 pipeline to transport propane and ethane. Sunoco Pipeline has not obtained eminent domain power for this pipeline, although the company regularly asserts that is has that power via state law. The state of Pennsylvania has no jurisdiction, or power, to provide eminent domain power for the interstate pipeline known as Mariner East 2. Sunoco has now disclosed a plan for a third pipeline, as discussed below.
Mariner East 2 (+1): Sunoco eyes second Pa pipeline
Written by: Nick Malawskey | pennlive.com

Photo above: Sunoco Logistics’ Mechanicsburg facility, where work is currently underway related to the Mariner East I pipeline. (Nick Malawskey, pennlive.com)

Sunoco Logistics said Thursday it is considering doubling-down on its Mariner East II project, potentially adding a second pipeline as […]

By |June 23rd, 2015|Categories: Pipeline Construction|

Pipeline Leak Reflects Risk

A pipeline leak and fire near Williamsport, Pennsylvania threatened a large area before being contained. Williams Company, which is proposing the Atlantic Sunrise pipeline through the area, shut off the natural gas. The event reflects the risk to property and property owners.
Update: Evacuation Lifted After Reported Gas Line Rupture
Posted WNEP.com  June 9, 2015, by Sarah Buynovsky  

JORDAN TOWNSHIP — Emergency crews evacuated homes for a time near the Lycoming/Columbia County line because of a reported natural gas line rupture.

According to Columbia County EMA officials, there was a gas rupture and leak around 9:30 p.m. on Wilson Road in Jordan Township near Unityville. There was initially a fire, but it was put out. An initial evacuation radius of three miles was reduced to one and a half miles. About 130 people went to shelters set up at two nearby fire stations.

Just before midnight, the evacuation order was lifted and those residents were allowed to return to their homes. There are no reports […]

By |June 16th, 2015|Categories: Pipeline Construction|

Sunoco Pipeline seeks property in two townships

Sunoco Pipeline seeking property in Mt. Pleasant, Independence townships

Company wants rights-of-way in Mt. Pleasant, Independence townships
By: Barbara Miller
Staff Writer
Published: June 1, 2015 – Updated: June 2, 2015 9:56 pm

Sunoco Pipeline LP of Pennsylvania filed eminent domain documents in Washington County Court, seeking temporary and permanent rights-of-way on the land of property owners in two townships to move natural gas products to the Philadelphia area as part of a project the company said could have a $4.2 billion economic impact on Pennsylvania.

The company called its Mariner East project “one of the largest investments in the history of the Commonwealth, creating more than 30,100 jobs during the construction period, which would result in workers earning $1.9 billion.”

In court documents, Sunoco Pipeline said its Mariner East pipeline was constructed, and it began work on the second phase of the Mariner East project, known as the Mariner East 2 Pipeline, part of which it plans to build in Washington County.

The eminent domain cases were […]

By |June 4th, 2015|Categories: Eminent domain, Pipeline Construction, Property Rights|

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|

Application Submitted for Atlantic Sunrise Pipeline

Property owners should be aware of the Williams Company application for the Atlantic Sunrise pipeline. Owners should also be aware that as of now the company does not have eminent domain power. Company financial offers may be deceptive by failing to pay damages for land outside the easement areas.
Williams submits application for Atlantic Sunrise pipeline

The red line shows the route of the proposed Atlantic Sunrise pipeline.

Published in: stateimpact.npr.org/March 31, 2015
By Marie Cusick

Tulsa, Oklahoma-based Williams has filed a formal application with federal regulators to construct nearly 200 miles of a new interstate natural gas pipeline in Pennsylvania.

The Atlantic Sunrise project is designed to carry Marcellus Shale gas from northeastern Pennsylvania to markets along the eastern seaboard, including the Cove Point export terminal on the Chesapeake Bay. Williams began the pre-filing phase of the project more than a year ago and has made major changes to the proposed route in response to public feedback.

It’s one of many major pipeline projects underway to […]

By |April 2nd, 2015|Categories: Pipeline Construction|

Mike Faherty Speaks at Pipeline Awareness Meeting

Mike Faherty, of Faherty Law Firm in Hershey, PA was the featured speaker at the March 10, 2015 meeting of the Cumberland and Perry Pipeline Awareness meeting in New Cumberland. He explained the nature of the Constitutional protections of private property rights. He reviewed the March 5, 2015 Sunoco Pipeline Petition for Leave to Withdraw Pleadings. That action is expected to be approved and slightly weaken the questionable arguments by Sunoco Pipeline for eminent domain power for the Mariner East 2 Pipeline.

Mike reviewed survey intrusion on property rights along with just compensation calculations. Mike represents a growing number of the owners threatened by the Sunoco Pipeline Mariner East 2 proposal.

By |March 13th, 2015|Categories: Condemnation, Eminent domain, Pipeline Construction|

Sunoco Pipeline Submits Petition to Withdraw Pleadings

On March 5, 2015 Sunoco Pipeline submitted a Petition for Leave to Withdraw Pleadings for the nine remaining petitions which sought findings that the Mariner East 1 pipeline pump stations were exempt from local zoning. Sunoco Pipeline alleged that it had obtained approval from the remaining townships or decided to re-engineer the pump stations such that the pump stations buildings would not be required. If the withdrawal is approved by the PUC judges, a delay and a litigation risk would be eliminated for Sunoco Pipeline.

The approval of the withdraw of the petitions would appear to moot, or eliminate, prior rulings of the Pennsylvania Public Utility Commission. These events appear to eliminate at least one Sunoco Pipeline argument for eminent domain power for the proposed Mariner East 2 Pipeline.

By |March 12th, 2015|Categories: Eminent domain, Pipeline Construction, Property Rights|

Faherty Law Office Opens – Specializing in Eminent Domain for Pennsylvania Land Owners

On February 28, 2015 Mike Faherty relocated his eminent domain law practice from a Harrisburg law firm to Faherty Law Firm, 75 Cedar Avenue, Hershey PA 17033. Mike may be reached at mfaherty@fahertylawfirm.com or at (717) 256-3000. Mike will continue his protection of private property rights in Pennsylvania with his associate attorney Tara B. Horvath. Mike continues in his service as the Pennsylvania representative of the Owners Counsel of America.

Mike will also continue as author on his blog to keep property owners up-to-date with relevant issues concerning Eminent Domain in Pennsylvania. This blog may be found here on www.fahertylawfirm.com.

By |March 12th, 2015|Categories: News|