PENNEAST PIPELINE COMPANY, LLC v. A PERMANENT EASEMENT OF 0.33 ACRES + AND A TEMPORARY EASEMENT OF 0.68 ACRES + IN LOWER NAZARETH TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA, TAX PARCEL NO. K7-23-2 et al

Filing 23

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND THE 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 MAILED AND E-MAILED.(nd, )

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

PENNEAST PIPELINE COMPANY,
LLC,
Plaintiff,

CIVIL ACTION

No. 18-cv-510

vs.
A PERMANENT EASEMENT OF 0.33
ACRES± AND A TEMPORARY
EASEMENT OF 0.68 ACRES± IN
LOWER NAZARETH TOWNSHIP,
NORTHAMPTON COUNTY,
PENNSYLVANIA, TAX PARCEL
NO. K7-23-2; et al,
Defendants.

aPRDER

AND NOW, on this

JX

day of September, 2019, upon consideration of

Plaintiffs Motion for Summary Judgment and the opposition thereto, as well as
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 0.33 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 Com.mission 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 m.ay 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 perm.it 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 m.ay
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 0.68 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 perm.anent rights of
ingress to and egress from. the Perm.anent Right of Way.

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