PENNEAST PIPELINE COMPANY, LLC v. A PERMANENT EASEMENT OF 0.75 ACRES + AND A TEMPORARY EASTMENT OF 1.01 ACRES + IN LOWER SAUCON TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, TAX PARCEL NO. N8-14-9 et al

Filing 36

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND THE LANDOWNER'S OPPOSITION THERETO, THE MOTION IS GRANTED AS OUTLINE 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
Plaintiff,

No. 18-cv-508

vs.
A PERMANENT EASEMENT OF 0. 75
ACRES± AND A TEMPORARY
EASEMENT OF 1.01 ACRES± IN
LOWER SAUCON TOWNSHIP,
NORTHAMPTON COUNTY,
PENNSYLVANIA, TAX PARCEL NO.
NS-14-9, et al
Defendants.

ORDER

AND NOW, on this

IL
_J2::__ day of September, 2019, upon consideration of

Plaintiff's Motion for Summary Judgment and the Landowners' opposition thereto,
as well as the 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:
Tax Parcel Number NS-14-9
1.

A permanent right of way and easement of 0.75 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 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;
2.

A temporary workspace easement totaling 1.01 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;

3.

The Rights of Way shall include permanent rights of
ingress to and egress from the Permanent Right of Way.

2

Tax Parcel Number N8-14-9G

1.

2.

A permanent right of way and easement of 0.43 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 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 Plaintiff's immediate and unimpeded
access to said permanent right of way, or otherwise
interfere with Plaintiff's lawful exercise of any of the
rights herein granted without first having obtained
Plaintiff's approval in writing; and Defendants will not
permit others to do any of said acts without first having
obtained Plaintiff's 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;
A temporary workspace easement totaling 0.63 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
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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 Rights of Way.

Tax Parcel Number N8-14-9H
1.

A permanent right of way and easement of 0.66 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 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 Plaintiff's immediate and unimpeded
access to said permanent right of way, or otherwise
interfere with Plaintiff's lawful exercise of any of the
rights herein granted without first having obtained
Plaintiff's approval in writing; and Defendants will not
permit others to do any of said acts without first having
obtained Plaintiff's 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;
4

2.

A temporary workspace easement totaling 0. 77 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;

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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