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Pennsylvania Eminent Domain Blog

PA Supreme Court Protects Property Rights

September 30th, 2016 | by Mike Faherty

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 should rejoice in the conviction of our unanimous Pennsylvania Supreme Court support of the foundational property rights in Pennsylvania over deceptive project proposals for private enterprise. Pennsylvania property owners could strongly cheer our Pennsylvania Supreme Court courage in again reaffirming our established Constitutional property rights as sacrosanct vs. private enterprise infrastructure.

Read the entire Pennsylvania Supreme Court decision below:

Robinson Township v Commonwealth of Pennsylvania – Majority Opin

Robinson Township v. Commonwealth of Pennsylvania – Concurring and Dissenting Opinion – Justice Saylor

Robinson Township v. Commonwealth of Pennsylvania – Concurring and Dissenting Opinion – Justice Baer

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