Disclaimer: case results are dependent on the facts of the particular case. Prior cases do not provide any guarantee or expectation of the outcome of a future case. Moreover, any reference to the law or explanation herein is general in nature and does not constitute legal advice.

Notable Cases

PennDOT Settlement

PennDOT condemned land from a commercial property owned by a husband and wife. Simultaneously, PennDOT condemned land from a neighboring property owned by the wife and a son. PennDOT asserted the two properties were in unified ownership and offered $14,800. PennDOT thus attempted to avoid the payment of damages flowing from altered access to the second property. Faherty Law Firm obtained an Order determining that the properties needed to be valued separately. The cases then settled with payment of $28,753 for the first property and $27,038 for the second property.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $41,700. Mike Faherty negotiated many favorable easement terms. The case settled at $133,247.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $92,200. Mike Faherty negotiated many favorable easement terms. The case settled at $476,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $1,612. Mike Faherty negotiated many favorable easement terms. The case settled at $45,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $15,383. Mike Faherty negotiated many favorable easement terms. The case settled at $150,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $30,245. Mike Faherty negotiated many favorable easement terms. The case settled at $147,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $106,388. Mike Faherty negotiated many favorable easement terms. The case settled at $300,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $24,330. Mike Faherty negotiated many favorable easement terms. The case settled at $200,000 on the eve of the trial.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $9,882. Mike Faherty negotiated many favorable easement terms. The case settled at $98,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Initially, Sunoco paid $12,500 for one week of access rights to repair an old pipeline. Sunoco offered $31,698 for new pipeline rights. Mike Faherty negotiated many easement terms more favorable to the property owners. The new easement rights were sold for $158,000.

Sunoco Case Settlement

Faherty Law Firm settled a matter involving an attempted condemnation of easements by Sunoco Pipeline for Mariner East 2. Sunoco offered $1,612 for property rights. Mike Faherty negotiated favorable easement terms including boring under the property with no surface rights conveyed. The case settled at $45,000.

Sunoco Case Settlement

Faherty Law Firm has settled the first of many cases pending with Sunoco Pipeline for the Mariner East 2 project. Sunoco offered $106,388 for easements across a Washington County farm/residential property. Mike Faherty negotiated many easement terms more favorable to the property owners. The case settled for $300,000.

Board of View Issues a Favorable Decision on Church Property

Faherty Law Firm represented a small church in regard to bridge replacement by the Pennsylvania Turnpike Commission. The Board awarded the exact figure of the property owner’s expert opinion. The result is the doubling of the compensation paid to the church.

Cox v. Sunoco Pipeline

This matter involved multiple property owners threatened by the Sunoco Pipeline Mariner East 1 pipeline. The parties presented evidence on the Sunoco attempt to obtain eminent domain power. The cases were stayed, or delayed, after Mike Faherty’s separate case of Loper v. Sunoco determined that Sunoco pipeline did not have eminent domain power. Nearly all of these cases settled with restricted easement language and large financial settlements as described below.

Pipeline Rerouted

After filing condemnation documents in the Court of Common Pleas, the Pipeline Company in this case offered the property owner $28,000. The property owner rejected this offer along with other offers up to $175,000. The property owners demanded the pipeline be rerouted to avoid the property. The Pipeline Company rerouted and paid property owners attorney fees and other reasonable expenses for the costs incurred to defend the property.

Electric Powerline Case Settlement

The powerline condemnation in this matter threatened a natural spring which was used for commercial water production. The Electric Company offered $14,700. Through negotiations the matter settled for $56,500, with easement language that sought to protect the natural spring by preserving the property owner’s right to damages if the spring was harmed and prevented the Electric Company’s use of herbicides near the spring.

Mariner East 1 Pipeline Settlement

In this matter, evidence as presented that federal approval of the pipeline project known as Mariner East I was for a “common carrier” and not a public utility corporation as the Pipeline Company was designated at that time. The Pipeline Company offered $63,390 based on a linear foot calculation, but the matter settled for $330,000 with revised language in the easement limiting it to a single pipeline buried to a depth of four feet across crop fields. The language also restricted access and granted the property owner use of the timber.

Pipeline Settlement with Texas Eastern

Texas Eastern Corporation sought to acquire permanent and temporary construction easements on a property owner’s wooded tract of land in Berks, County, Pennsylvania. Texas Eastern offered, for both the easements and timber, $2,830. Through negotiations, the property owner’s final resolution of the matter was for $50,000.

Loper v. Sunoco

After briefing and oral argument, Sunoco Pipeline Company’s request for eminent domain and survey rights was denied by York County President Judge Linebaugh. Judge Linebaugh’s Order denying Sunoco the power of eminent domain for Mariner East 1 became final in April, 2014.

Pipeline Settlements

Mike Faherty, who founded Faherty Law Firm in 2015, previously represented several property owners in negotiations with a pipeline company in 2014. The following settlements resulted:

Case Settlement 1:

Pipeline Company offered $100,000. The matter settled for $2,193,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; revised construction design; and allocated funds to reduce tax implications.

Case Settlement 2:

Pipeline Company offered $50,000. The matter settled for $287,200. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; restricted above ground items; included indemnification language; and allocated funds to reduce tax implications.

Case Settlement 3:

Pipeline Company offered $19,000. The matter settled for $1,577,400. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; restricted above ground items; included fencing to protect livestock; included right to construct access roads across the easement; and required timber placement nearby for owner use.

Case Settlement 4:

Pipeline Company offered $18,945. The matter settled for $347,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; included fencing to protect livestock; and allocated funds to reduce tax implications.

Case Settlement 5:

Pipeline Company offered $9,795. The matter settled for $460,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; and allocated funds to reduce tax implications.

Case Settlement 6:

Pipeline Company offered $118,000. The matter settled for $785,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; restricted above ground items; provided fencing to protect livestock; and required monitoring and repair of erosion.

Case Settlement 7:

Pipeline Company offered $8,815. The matter settled for $480,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; required placement of timber nearby for owner use; and required driveway repair.

Case Settlement 8:

Pipeline Company offered $17,225. The matter settled for $390,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline and restricted access.

Case Settlement 9:

Pipeline Company offered $100,000. The matter settled for $480,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; required placement of timber nearby for owner use; required pipeline buried at least four feet beneath the surface; and protected water line that crossed the gas line.

Case Settlement 10:

Pipeline Company offered $51,560. The matter settled for $600,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; restricted above ground items; and allocated funds to reduce tax impact.

Case Settlement 11:

Pipeline Company offered $2,752. The matter settled for $342,500. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; and allocated funds to reduce tax impact.

Case Settlement 12:

Pipeline Company offered $1,000. The matter settled for $90,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline; restricted access; and removed temporary work space easement.

Case Settlement 13:

Pipeline Company offered $38,255. The matter settled for $100,000. Settlement included language in the easement agreement which restricted the Company to a single pipeline.