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.
On February 3, 2021, the Supreme Court of the United States granted review of the September 10, 2019 Third Circuit Court of Appeals decision which held that New Jersey is entitled to immunity from condemnation suits initiated by PennEast Pipeline Company for the purpose of building a 120-mile pipeline from Luzerne County, Pennsylvania to Mercer County, New Jersey.
I recommend reading the blog post below which is a short analysis of condemnation and covid-19 written by Attorneys Ehren Fournier and Katie Gray.
Below is a summary of eminent domain law which may be helpful in these days of government restrictions as a result of the coronavirus.
