PennEast Pipeline Company, LLC v. A Permanent Easement of 0.11 Acre +/- and a Temporary Easement of 0.07 Acre +/- in Plains Township, Luzerne County, Pennsylvania, Tax Parcel No. 50-F10S2-001-14A-000 et al

Filing 57

ORDER (memorandum filed previously as separate docket entry). 49 MOTION for Partial Summary Judgment Confirming Condemnation Authority filed by PennEast Pipeline Company, LLC is GRANTED. SEE ORDER FOR DETAILS. Signed by Honorable Malachy E Mannion on 8/4/21. (dw)

Case 3:18-cv-00282-MEM Document 57 Filed 08/04/21 Page 1 of 3

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
PENNEAST PIPELINE CO., LLC,
Plaintiff

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v.
A PERMANENT EASEMENT OF
0.11 ACRE AND A TEMPORARY
EASEMENT OF 0.07 ACRE +/- IN
PLAINS TOWNSHIP, LUZERNE
COUNTY, PENNSYLVANIA,
TAX PARCEL No. 50-F10S2-00114A-000, et al.
Defendants

CIVIL ACTION NO. 3:18-282
(MANNION, D.J.)

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ORDER
In accordance with the court’s memorandum issued this same day, IT
IS HEREBY ORDERED THAT:
(1) PennEast’s motion for partial summary judgment, (Doc. 49), is
GRANTED and JUDGMENT IS ENTERED in favor of PennEast as
follows:
a. PennEast has the right and authority to condemn the
following Rights of Way on the subject property (identified
in the Verified Complaint by Luzerne County Tax Parcel
No. 50-F10S2-001-14A-000) for the construction,
operation, and maintenance of an interstate natural gas
transmission pipeline and related appurtenances, together
with rights of ingress and egress, as approved by the Order

Case 3:18-cv-00282-MEM Document 57 Filed 08/04/21 Page 2 of 3

of the FERC, dated January 19, 2018, Docket No. CP15558-000, granting PennEast a Certificate of Public
Convenience and Necessity (the “FERC Order”):
i. A permanent right of way and easement of 0.11
acre ± as depicted on Exhibit A to the motion
for partial summary judgment (Doc. 49-1, at 5)
for the purpose of constructing, operating,
maintaining, repairing, changing the size of,
replacing and removing a 36-inch diameter
pipeline and all related equipment and
appurtenances thereto as approved by FERC
(including but not limited to meters, fittings, tieovers, valves, cathodic protection equipment
and launchers and receivers) for the
transportation of natural gas; 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
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Case 3:18-cv-00282-MEM Document 57 Filed 08/04/21 Page 3 of 3

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;
ii. A temporary workspace easement totaling 0.07
acre ± as depicted on Exhibit A for use during
the pipeline construction and restoration period
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
iii. The Rights of Way shall include permanent
rights of ingress to and egress from the
Permanent Right of Way.
(2) By separate order, the court will schedule a hearing for the
determination of the amount of just compensation.

s/ Malachy E. Mannion

MALACHY E. MANNION
United States District Judge

DATE: August 4, 2021
18-282-01-ORDER

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