TRANSCONTINENTAL GAS PIPE LINE COMPANY, LLC v. PERMANENT EASEMENT FOR 2.02 ACRES AND TEMPORARY EASEMENTS FOR 2.76 ACRES IN MANOR TOWNSHIP, LANCASTER COUNTY et al

Filing 28

ORDER THAT THE OMNIBUS MOTION FOR PRELIMINARY INJUNCTION, ECF NO. 7 , IS DENIED; PURSUANT TO 26 PA. CONS. STAT. § 309, PLAINTIFF TRANSCONTINENTAL GAS PIPELINE COMPANY, LLC (TRANSCO) IS GRANTED ACCESS TO AND ENTRY UPON THE RIGHTS OF WAY, AS THAT TERM IS DEFINED IN THE COMPLAINT, SEE ECF NO. 1 , FOR THE SOLE PURPOSE OF CONDUCTING SURVEYS REQUIRED BY THE ORDER OF THE FEDERAL ENERGY REGULATORY COMMISSION ISSUED ON FEBRUARY 3, 2017; AND IN THE EVENT OF A VIOLATION OF THIS ORDER BY DEFENDANT L ANDOWNERS, SUCH AS INTERFERENCE WITH TRANSCO S ACCESS TO THE RIGHTS OF WAY BY DEFENDANT LANDOWNERS OR BY THIRD PARTIES WHO ARE AUTHORIZED BY DEFENDANT LANDOWNERS TO BE ON THE PROPERTY, THE U.S. MARSHAL SERVICE, OR A LAW ENFORCEMENT AGENCY IT DESIGNAT ES, SHALL BE AUTHORIZED TO INVESTIGATE AND TO ARREST, CONFINE IN PRISON, AND/OR BRING BEFORE THE COURT ANY PERSONS FOUND TO BE IN VIOLATION OF THIS ORDER AND IN CONTEMPT OF THIS ORDER, PENDING HIS/HER COMPLIANCE WITH THE COURTS ORDER. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/6/17. 4/7/17 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
TRANSCONTINENTAL GAS PIPE LINE
COMPANY, LLC,
Plaintiff,

:
:
:
:
v.
:
:
PERMANENT EASEMENT FOR 2.02 ACRES
:
AND TEMPORARY EASEMENTS FOR 2.76
:
ACRES IN MANOR TOWNSHIP, LANCASTER :
COUNTY, PENNSYLVANIA; and
:
STEPHEN HOFFMAN,
:
Defendants.
:
__________________________________________

No. 5:17-cv-00723

ORDER
AND NOW, this 6th day of April, 2017, for the reasons set forth in the Opinion issued
this date, IT IS HEREBY ORDERED THAT:
1.

The Omnibus Motion for Preliminary Injunction, ECF No. 7, is DENIED;

2.
Pursuant to 26 Pa. Cons. Stat. § 309, Plaintiff Transcontinental Gas Pipeline
Company, LLC (“Transco”) is granted access to and entry upon the Rights of Way, as that term
is defined in the Complaint, see ECF No. 1, for the sole purpose of conducting surveys required
by the Order of the Federal Energy Regulatory Commission issued on February 3, 2017; and
3.
In the event of a violation of this Order by Defendant landowners, such as
interference with Transco’ s access to the Rights of Way by Defendant landowners or by third
parties who are authorized by Defendant landowners to be on the property, the U.S. Marshal
Service, or a law enforcement agency it designates, shall be authorized to investigate and to
arrest, confine in prison, and/or bring before the Court any persons found to be in violation of
this Order and in contempt of this Order, pending his/her compliance with the Court’s Order.
BY THE COURT:

/s/ Joseph F. Leeson, Jr.____________
JOSEPH F. LEESON, JR.
United States District Judge