TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v. PERMANENT EASEMENT FOR 0.94 ACRES AND TEMPORARY EASEMENTS FOR 1.61 ACRES IN CONESTOGA TOWNSHIP, LANCASTER COUNTY, PENNSYLVANIA, TAX PARCEL NUMBER 1203589400000, SICKMAN MILL ROAD et al

Filing 35

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

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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Plaintiff,
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v.
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PERMANENT EASEMENT FOR 0.94
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ACRES AND TEMPORARY EASEMENTS :
FOR 1.61 ACRES IN CONESTOGA
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TOWNSHIP, LANCASTER COUNTY,
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PENNSYLVANIA, TAX PARCEL
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NUMBER 1203589400000,
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SICKMAN MILL ROAD, BLAIR B. MOHN, :
ET AL.,
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Defendants.
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TRANSCONTINENTAL GAS PIPE LINE
COMPANY, LLC
2800 POST OAK BOULEVARD
HOUSTON, TEXAS 77251-1396,

CIVIL ACTION – LAW
Docket No. 5:17-CV-00722

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, Plaintiff’s Reply, 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.

A permanent right of way and easement of 0.94 acres, as described as
“Area of Proposed CPLS R/W” 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 1.61 acres, as described as “Area of Proposed
Temporary Work Space #1” and “Area of Proposed Temporary Work
Space #2” 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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