Transcontinental Gas Pipe Line Company, LLC v. Temporary Easements for 0.13 Acres and a Temporary Easement within the Existing Right of Way for 0.18 Acres in Tobyhanna Township, Monroe County, Pennsylvania, Tax Parcel Number 19/119816 et al

Filing 41

ORDER upon consideration of Plaintiff's Partial Motion for Summary Judgment, IT IS HEREBY ORDERED THAT: 1. Such Motion (Doc. 7) is GRANTED. 2. Transcontinental Gas Pipe Line Company, LLC has the substantive right to condemn: a. Temporary easemen ts for 0.13 acres, as described as "Proposed Temporary Access Road" and "Proposed Temporary Work Space" in the acquisition drawing attached to the Verified Complaint as Exhibit A, for use during the pipeline construction and resto ration period only for the purpose of ingress, egress and regress and to enter upon, clear off and use for construction andall activities required by the Order of the Federal Energy Commission dated December 18, 2014,149 FERC 61,258; and b. Temporary easement within the existing right of way for 0.18 acres, described as "Area of Limits of Disturbance Within Existing Right to Way" in the acquisition drawing attached to the Verified Complaint as Exhibit A, for use during the pipeline con struction 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 Order of the Federal Energy Regulatory Commission dated December 18, 2014, 1 49 FERC 61,258. 3. A compensation hearing SHALL BE CONDUCTED on Tuesday, December 1, 2015 at 1:30 p.m. at the William J. Nealon Federal Building and U.S. Courthouse, 235 N. Washington Ave., Scranton, Pennsylvania in acourtroom to be designated by the Clerk of Court. Parties can obtain information on courtroom assignments by contacting the Clerk of Court on the last business day of the week before the scheduled hearing. All parties with an interest in the above-captioned property are expected to attend the hearing and to present any relevant evidence as to the amount of compensation the landowners are owed for the condemnation of the easements. 4. It SHALL BE "rHE DUTY OF THE PLAINTIFF to ensure that notice of this Order and the accompanying Memorandum Opinion is promptly provided to any party with an interest in the property not known to be represented by counsel.Signed by Honorable Robert D. Mariani on 10/6/15. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

'rRANSCONTINENTAL GAS PIPE
LINE CO., LLC,
Plaintiff,

v.

3:15·CV..00151
(JUDGE MARIANI)

TEMPORARY EASEMENTS FOR 0.13
ACRES AND A TEMPORARY
EASEMENT WITHIN THE EXISTING
RIGHT OF WAY FOR 0.18 ACRES IN
TOBYHANNA TOWNSHIP, MONROE
COUNTY, PENNSYLVANIA, TAX
PARCEL NUMBER 191119816, et aI.,
Defendants.
ORDER

AND NOW, THIS

~ DAY OF OCTOBER, 2015, upon consideration of

Plaintiff's Partial Motion for Summary Judgment, IT IS HEREBY ORDERED THAT:
1. Such Motion (Doc. 7) is GRANTED.
2. Transcontinental Gas Pipe Line Company, LLC has the substantive right to
condemn:
a. Temporary easements for 0.13 acres, as described as "Proposed Temporary
Access Road" and "Proposed Temporary Work Space" in the acquisition
drawing attached to the Verified Complaint as 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 Order of the Federal Energy Commission dated
December 18, 2014,149 FERC 61,258; and
b. Temporary easement within the existing right of way for 0.18 acres, described
as "Area of Limits of Disturbance Within Existing Right to Way" in the
acquisition drawing attached to the Verified Complaint as 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 Order of the Federal Energy
Regulatory Commission dated December 18, 2014, 149 FERC 61,258.
3. Acompensation hearing SHALL BE CONDUCTED on Tuesday, December 1, 2015
at 1:30 p.m. at the William J. Nealon Federal Building and U.S. Courthouse, 235 N.
Washington Ave., Scranton, Pennsylvania in a courtroom to be designated by the
Clerk of Court. Parties can obtain information on courtroom assignments by
contacting the Clerk of Court on the last business day of the week before the
scheduled hearing. All parties with an interest in the above-captioned property are
expected to attend the hearing and to present any relevant evidence as to the
amount of compensation the landowners are owed for the condemnation of the
easements.

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4. It SHALL BE "rHE DUTY OF THE PLAINTIFF to ensure that notice of this Order and
the accompanying Memorandum Opinion is promptly provided to any party with an
interest in the property not known to be represented by counsel.

obert D.-Mariani
United States District Judge

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