Eminent domain

Atlantic Sunrise Stay Followed By Construction Restart

Environmental groups were able to convince a Federal Court to stop construction while environmental concerns were considered. The U.S. Court of Appeals for the District of Columbia ended the stay. This allows construction to be restarted.
ATLANTIC SUNRISE
Pipeline construction to resume as federal court dissolves stay
Construction of the Atlantic Sunrise natural gas pipeline will resume today.

That was the comment from Williams Partners on Wednesday night after the U.S. Court of Appeals for the District of Columbia dissolved the administrative stay it had issued Monday.

The court’s one-page order states the seven environmental groups that wanted to stop the pipeline project had not satisfied the stringent requirements for a stay.

A three-judge panel had issued it saying the court needed time to review the environmental organizations’ contention the Federal Energy Regulatory Commission’s review of the project did not meet the standard for evaluating greenhouse-gas emissions.

The groups, which included Concerned Citizens of Lebanon County, Lancaster Against Pipelines, Lebanon Pipe Awareness and the Sierra Club also […]

By |November 12th, 2017|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights, Uncategorized|

Transcource – Independence Energy Connection

The proposed route of the Transcource proposed electrical transmission has been determined. Transcource is now expected to attempt to purchase easements. Landowners should be aware that eminent domain damages are based on harm to the entire property, not just the land contained within the easement(s). Some transmission line companies intentionally minimize damages by appraising incorrect property rights.
Transource settles on proposed power line route through York County
An operator of competitive wholesale electricity and its contractor have notified York County property owners of the final route of a proposed two-state transmission line it intends to submit to utility regulators in Pennsylvania and Maryland.

PJM Interconnection hired Transource Energy last year to build the $320 million “market efficiency” project, known as the “Independence Energy Connection.”

The east segment of the project includes approximately 16 miles of new overhead electric transmission line that will connect a new substation in Lower Chanceford Township to the existing Conastone Substation, near Norrisville in Harford County, Maryland.

There also is a […]

By |October 19th, 2017|Categories: Condemnation, Electric Transmission, Eminent domain|

Atlantic Sunrise Approval

The Federal Energy Regulatory Commission has issued the final approval for the pipeline which is now under construction. Just compensation issues remain for some property owners.
Regulators OK Atlantic Sunrise pipeline
Federal regulators have given final approval to a company planning a contested $3 billion pipeline to carry natural gas from northeastern Pennsylvania to Southern states.

The Federal Energy Regulatory Commission issued the notice on Friday for a 197-mile stretch of the Atlantic Sunrise pipeline in Pennsylvania.

Climate activists, including a group of nuns who allowed activists to build an outdoor chapel on the proposed pipeline route, had challenged the project.

Christopher Stockton, a spokesman for parent company Williams Partners, says work likely will begin the week of Sept. 25. The contractor needs time to prepare the site.

Lancaster Against Pipelines, the activist group that built the chapel, has vowed to protect the structure.

– Associated Press

By |October 12th, 2017|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights|

FERC Commissioners

In August of 2017 the Federal Energy Regulatory Commission returned to an adequate number of Commissioners to act on pipeline proposals. FERC is widely expected to soon approve the 120 mile long PennEast pipeline from Luzerne County, Pennsylvania to Mercer County, New Jersey. Property owners who refused negotiations may soon be faced with condemnation of pipeline easements.
PennEast pipeline set for FERC approval after Senate confirms new commissioners
The Federal Energy Regulatory Commission is likely to issue its final approval to the controversial PennEast Pipeline project through Pennsylvania and New Jersey now that it has a quorum of commissioners for the first time since February, observers said on Friday.

The top federal regulator of interstate pipelines is expected to issue a Certificate of Public Convenience and Necessity to the project this summer, allowing it to use eminent domain to take land for construction from landowners who have refused its offers of compensation.

FERC has a quorum now that the U.S. Senate approved two of […]

By |September 15th, 2017|Categories: Eminent domain, Pipeline Construction, Property Rights|

Transcourse Energy

The Transcourse Energy plan for a high voltage power line in York County is reported to progress to a final route proposal to the Pennsylvania Public Utility Commission by November 15, 2017. Owners should consult an experienced eminent domain attorney to protect owner rights on issues such as:

Eminent domain power
Regulatory approvals
Survey requests
Precondemnation activities
Harm to views
Electromagnetic fields
Easement terms
Proof of harms
Methods to value property
Just compensation
Condemnor payment of fees of owners

Experts: Landowners in path of power line project should know rights
Southern York County landowners who attended an informational meeting Thursday, Aug. 24, said they are prepared for a door knock if or when Transource Energy officials decide to step onto their property.
Hundreds of Hopewell, East Hopewell, Fawn and Lower Chanceford township residents stand to lose a portion of their land to a new above-ground high-voltage power-line project. Three state experts explained to them the rights they have to fight it.
Transource has the power of […]

By |September 13th, 2017|Categories: Condemnation, Electric Transmission, Eminent domain, Property Rights|

Sunoco Pipeline Construction Spills

Property owners along the route of the Mariner East 2 construction would be wise to inspect their property following multiple construction spills. The following news story discusses the spills. The referenced list of 49 incidents is also included. View the list here. Construction spills could result in DEP fines. They could also result in Sunoco Pipeline liability for property harm beyond acquired property rights.
DEP issues few violations, one fine for Sunoco’s pipeline construction spills
Pennsylvania’s Department of Environmental Protection has issued four Notices of Violation, one consent order and one fine to Sunoco Pipeline for dozens of drilling mud spills that occurred along the length of the Mariner East 2 pipeline construction project. The DEP released a statement on Friday describing its efforts to manage Sunoco’s construction of the 350-mile long pipeline where drilling has caused water-contamination incidents in recent weeks.

DEP also provided a link to a list of 49 incidents, as well as copies of the Notices of Violations, one […]

By |August 9th, 2017|Categories: Eminent domain, Pipeline Construction, Property Rights, Uncategorized|

Temporary DeFacto Taking

The Pennsylvania Commonwealth Court has explicated that a de facto “in effect” taking can take place over a specified period of time. In Re Mountaintop Area Joint Sanitary Auth. v. DeLuca, No. 1318 CD 2016 (July 12, 2017) the court noted that a sewer-authority chose to operate a system in a manner which would sporadically flood the landowners home. The court found that an easement was taken for a period of nearly five years. A Board of Viewers will determine damages per the Pennsylvania Eminent Domain Code.

One week later Faherty Law Firm presented evidence that a Centre County Township effectuated a temporary de facto taking via use of the landowners property as a shortcut between two public roads.

By |August 2nd, 2017|Categories: Condemnation, Eminent domain, In the News, Property Rights, Uncategorized|

Mariner East 2 Environmental Violations

The Pennsylvania Department of Environmental Protection has fined Sunoco Logistics and is investigating numerous other incidents. Property owners may have a cause of action based on trespass or pollution beyond Sunoco acquired property rights.
DEP issues violation notices over pipeline
The state Department of Environmental Protection has issued four notices of violation to Sunoco Logistics over its construction of the $3 billion, 350-milelong Mariner East 2 pipeline.

The notices were issued to Sunoco in two of the 17 counties along the pipeline route for drilling fluid’s – a mix of water and bentonite clay used to lubricate the drill bit – impact on the state’s water. The department says the fluid is nontoxic and doesn’t have lasting effects on water.

Additionally, a consent order and agreement has been executed for a violation that impacted a wetland

area next to Interstate 81 in Cumberland County. That resulted in a $87,600 penalty. Plus, numerous other investigations of incidents that are anticipated to result in enforcement actions are […]

By |July 25th, 2017|Categories: Condemnation, Eminent domain, Pipeline Construction, Property Rights, Uncategorized|

Mariner East 2 Additional Line Rights

Sunoco Pipeline has provided owners with Exhibit B plans/maps showing easement rights beyond the boundaries of rights as provided in old easements. When challenged, Sunoco Pipeline has at times revised the asserted rights to areas contained within prior prior easements. Property owners are cautioned that Sunoco Pipeline has frequently recorded Memorandums of Additional Line Rights without notice to the property owners. Property owners should check with the County Recorder of Deeds.

By |June 30th, 2017|Categories: Eminent domain, Pipeline Construction, Property Rights|

Mariner East 2 Appeals

The Commonwealth Court has affirmed a Cumberland County Case and a Lebanon County case providing eminent domain power to Sunoco Pipeline for the Mariner East 2 Pipeline. Faherty Law Firm filed petitions for Allowance of Appeal to the Pennsylvania Supreme Court in June of 2017. The Petitions quoted President John Adams: “Property must be secure, or liberty cannot exist.”

By |June 29th, 2017|Categories: Eminent domain, Pipeline Construction, Property Rights|