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Penneast Pipeline Co., LLC v. A Permanent Easement of 0.75 Acres

United States District Court, E.D. Pennsylvania

September 17, 2019

PENNEAST PIPELINE COMPANY, LLC Plaintiff,
v.
A PERMANENT EASEMENT OF 0.75 ACRES ± AND A TEMPORARY EASEMENT OF 1.01 ACRES ± IN LOWER SAUCON TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, TAX PARCEL NO N8-14-9, etal Defendants.

          ORDER

          JEFFREY L. SCHMEHL, J.

         AND NOW, on this 17th day of September, 2019, upon consideration of Plaintiffs Motion for Summary Judgment and the Landowners' opposition thereto, as well as the documents and arguments submitted in reference thereto, the Motion is hereby GRANTED.

         IT IS HEREBY ORDERED that PennEast Pipeline Company, LLC, has the substantive right to condemn the following as set forth on Exhibit A:

         Tax Parcel Number N8-14-9

         1. A permanent right of way and easement of 0.75 acres ± for the purpose of constructing, operating, maintaining, altering, repairing, changing the size of, replacing and removing a 36-inch diameter pipeline and all related equipment and appurtenances thereto (including but not limited to meters, fittings, tie-overs, valves, cathodic protection equipment and launchers and receivers) for the transportation of natural gas, or its byproducts, and other substances as approved by the FERC Order; and conducting all other activities as approved by the FERC Order; together with all rights and benefits necessary for the full enjoyment and use of the right of way and easement. Further, Defendants shall not excavate, change the grade of or place any water impoundments or structures on the right of way and easement without the written consent of Plaintiff, nor may Defendants plant any trees, including trees considered as a growing crop, on the permanent right of way and easement; or use said permanent right of way or any part thereof in such a way as to interfere with Plaintiffs immediate and unimpeded access to said permanent right of way, or otherwise interfere with Plaintiffs lawful exercise of any of the rights herein granted without first having obtained Plaintiffs approval in writing; and Defendants will not permit others to do any of said acts without first having obtained Plaintiffs approval in writing. Plaintiff shall have the right from time to time at no additional cost to Defendants to cut and remove all trees including trees considered as a growing crop, all undergrowth and any other obstructions that may injure, endanger or interfere with the construction and use of said pipeline and all related equipment and appurtenances thereto;

         2. A temporary workspace easement totaling 1.01 acres ± as described on Exhibit A for use during the pipeline construction and restoration period only for the purpose of ingress, egress and regress and to enter upon, clear off and use for construction and all activities required by the FERC Order;

         3. The Rights of Way shall include permanent rights of ingress to and egress from the Permanent Right of Way.

         Tax Parcel Number N8-14-9G

         1. A permanent right of way and easement of 0.43 acres ± for the purpose of constructing, operating, maintaining, altering, repairing, changing the size of, replacing and removing a 36-inch diameter pipeline and all related equipment and appurtenances thereto (including but not limited to meters, fittings, tie-overs, valves, cathodic protection equipment and launchers and receivers) for the transportation of natural gas, or its byproducts, and other substances as approved by the FERC Order; and conducting all other activities as approved by the FERC Order; together with all rights and benefits necessary for the full enjoyment and use of the right of way and easement. Further, Defendants shall not excavate, change the grade of or place any water impoundments or structures on the right of way and easement without the written consent of Plaintiff, nor may Defendants plant any trees, including trees considered as a growing crop, on the permanent right of way and easement; or use said permanent right of way or any part thereof in such a way as to interfere with Plaintiffs immediate and unimpeded access to said permanent right of way, or otherwise interfere with Plaintiffs lawful exercise of any of the rights herein granted without first having obtained Plaintiffs approval in writing; and Defendants will not permit others to do any of said acts without first having obtained Plaintiffs approval in writing. Plaintiff shall have the right from time to time at no additional cost to Defendants to cut and remove all trees including trees considered as a growing crop, all undergrowth and any other obstructions that may injure, endanger or interfere with the construction and use of said pipeline and all related equipment and appurtenances thereto;

         2. A temporary workspace easement totaling 0.63 acres ± as described on Exhibit A for use during the pipeline construction and restoration period only for the purpose of ingress, egress and regress and to enter upon, clear off and use for construction and all activities required by the FERC Order; and

         3. The Rights of Way shall include permanent rights of ingress to and egress from the Permanent Rights of Way.

         Tax Parcel Number N8-14-9H

         1. A permanent right of way and easement of 0.66 acres ± for the purpose of constructing, operating, maintaining, altering, repairing, changing the size of, replacing and removing a 36-inch diameter pipeline and all related equipment and appurtenances thereto (including but not limited to meters, fittings, tie-overs, valves, cathodic protection equipment and launchers and receivers) for the transportation of natural gas, or its byproducts, and other substances as approved by the FERC Order; and conducting all other activities as approved by the FERC Order; together with all rights and benefits necessary for the full enjoyment and use of the right of way and easement. Further, Defendants shall not excavate, change the grade of or place any water impoundments or structures on the right of way and easement without the written consent of Plaintiff, nor may Defendants plant any trees, including trees considered as a growing crop, on the permanent right of way and easement; or use said permanent right of way or any part thereof in such a way as to interfere with Plaintiffs immediate and unimpeded access to said permanent right of way, or otherwise interfere with Plaintiffs lawful exercise of any of the rights herein granted without first having obtained Plaintiffs approval in writing; and Defendants will not permit others to do any of said acts without first having obtained Plaintiffs approval in writing. Plaintiff shall have the right from time to time at no additional cost to Defendants to cut and remove all trees including trees considered as a growing crop, all undergrowth and any other obstructions that may injure, endanger or interfere with the construction and use of said pipeline and all related equipment and appurtenances thereto;

         2. A temporary workspace easement totaling 0.77 acres ± as described on Exhibit A for use during the pipeline construction and restoration period only for the purpose of ingress, egress and regress and to enter upon, clear off and ...


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