TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v. PERMANENT EASEMENTS FOR 2.14 ACRES AND TEMPORARY EASEMENTS FOR 3.59 ACRES IN CONESTOGA TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA, TAX PARCEL NUMBER 1201606900000 et al

Filing 47

ORDER THAT THE MOTION FOR PARTIAL SUMMARY JUDGMENT, IS GRANTED, ETC. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 8/23/17. 8/23/17 ENTERED AND COPIES MAILED TO UNREP, E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TRANSCONTINENTAL GAS PIPE LINE
COMPANY, LLC
2800 POST OAK BOULEVARD
HOUSTON, TEXAS 77251-1396,
Plaintiff,
v.
PERMANENT EASEMENTS FOR
2.14 ACRES AND TEMPORARY
EASEMENTS FOR 3.59 ACRES IN
CONESTOGA TOWNSHIP, LANCASTER
COUNTY, PENNSYLVANIA, TAX
PARCEL NUMBER 1201606900000,
415 HILLTOP DRIVE, CONESTOGA,
CONESTOGA TOWNSHIP, LANCASTER
COUNTY, PA, HILLTOP HOLLOW
LIMITED PARTNERSHIP, ET AL.,
Defendants.

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CIVIL ACTION – LAW
Docket No. 5:17-CV-00715

ORDER
AND NOW, this

23rd

day of August, 2017, upon consideration of Plaintiff’s

Motion for Partial Summary Judgment and the accompanying documents, Defendants’
opposition thereto, and after oral argument being held, it is hereby ORDERED that the Motion
is GRANTED. It is further ORDERED that Transcontinental Gas Pipe Line Company, LLC has
the substantive right to condemn:
i.

Permanent rights of way and easements of 2.14 acres, as described as
“Area of Proposed CPLS R/W #1,” “Area of Proposed CPLS R/W #2,”
and “Area of Proposed CPLS R/W #3” in Exhibit A to the Verified
Complaint, for the purpose of constructing, operating, maintaining,
altering, repairing, changing but not increasing the size of, replacing and
removing a 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

Order of the Federal Energy Regulatory Commission dated February 3,
2017, Docket No. CP15-138-000, 158 FERC ¶ 61,125 (2017), together
with the right to construct, maintain, operate, repair, alter, replace and
remove cathodic protection equipment and the necessary appurtenances
thereto, such as but not limited to poles, guy wires, anchors, rectifiers,
power lines, cables, deep well anode and anode ground beds under, upon,
and over the permanent right of way and easement, and conducting all
other activities as approved by the Order of the Federal Energy Regulatory
Commission dated February 3, 2017, Docket No. CP15-138-000, 158
FERC ¶ 61,125 (2017); together with all rights and benefits necessary or
convenient for the full enjoyment or use of the right of way and easement.
Further, the landowner shall not build any permanent structures on said
permanent right of way or any part thereof, will not change the grade of
said permanent right of way, or any part thereof, will not plant trees on
said permanent right of way, or any part thereof, or use said permanent
right of way or any part thereof for a road, or use said permanent right of
way or any part thereof in such a way as to interfere with Transco’s
immediate and unimpeded access to said permanent right of way, or
otherwise interfere with Transco’s lawful exercise of any of the rights
herein granted without first having obtained Transco’s approval in writing;
and the landowner will not permit others to do any of said acts without
first having obtained Transco’s approval in writing. Transco shall have
the right from time to time at no additional cost to landowners 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; and
ii.

Temporary easements of 3.59 acres, as described as “Area of Proposed
Temporary Work Space #1,” “Area of Proposed Temporary Work Space
#2,” Area of Proposed Temporary Work Space #3,” “Area of Proposed
Temporary Work Space #4,” “Area of Proposed Temporary Work Space
#5,” and “Area of Proposed Temporary Work Space #6” in Exhibit A to
the Verified Complaint, 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 other activities
approved by the Order of the Federal Energy Regulatory Commission
dated February 3, 2017, Docket No. CP15-138-000, 158 FERC ¶ 61,125
(2017).
BY THE COURT

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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