PENNEAST PIPELINE COMPANY, LLC v. A PERMANT EASEMENT OF 0.98 ACRES + AND A TEMPORARY EASEMENT OF 1.61 ACRES + IN LOWER NAZARETH TOWNSHIP, NORTHHAMPTON COUNTY, PENNSYLVANIA, TAX PACEL NO. L7-6-10 et al

Filing 26

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND THE LANDOWNERS' OPPOSITION, THE MOTION IS GRANTED AS OUTLINED HEREIN.. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 09/17/2019. 09/17/2019 ENTERED AND COPIES E-MAILED.(nd, )

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

PENNEAST PIPELINE COMPANY,
LLC

CIVIL ACTION
No. 18-cv-507

Plaintiff,
vs.
A PERMANENT EASEMENT OF
0.98 ACRES ±, A TEMPORARY
EASEMENT OF 1.61 ACRES ± IN
LOWER NAZARETH TOWNSHIP,
NORTHAMPTON COUNTY,
PENNSYLVANIA, TAX PARCEL
NO. L7-6-10, et al,
Defendants.
ORDER
AND NOW, on this

lz !l

I

day September, 2019, upon consideration of

Plaintiffs Motion for Summary Judgment and the Landowners' opposition thereto,
and 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:
1.

A permanent right of way and easement of 0.98 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 Order of the Federal
Energy Regulatory Commission dated January 19, 2018, Docket
No. CPlS-558-000 ("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; and
2.

A temporary workspace easement totaling 1.61 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 Right of Way.
BY THE COURT:

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