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 40

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 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 EASEMENT FOR 2.02
ACRES AND TEMPORARY EASEMENTS
FOR 2.76 ACRES IN MANOR TOWNSHIP,
LANCASTER COUNTY,
PENNSYLVANIA, TAX PARCEL
NUMBER 4100300500000,
3049 SAFE HARBOR ROAD,
MANOR TOWNSHIP, LANCASTER, PA
17551, STEPHEN D. HOFFMAN, ET AL.,
Defendants.

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CIVIL ACTION – LAW
Docket No. 5:17-CV-00723

ORDER
AND NOW, this

23rd

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

Motion for Partial Summary Judgment and the accompanying documents, Defendant’s
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 2.02 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 a
right of way and easement 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 access 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 2.76 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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