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Permalink Reply by Jim Litwinowicz on May 24, 2018 at 3:35pm

As I understand it, eminent domain can only be used for interstate pipelines, not local lines connecting wells. But some courts are more lenient than others if the line connects to an interstate line.

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Permalink Reply by Joe Bezel on May 26, 2018 at 6:49pm

First thought would be no, but I'm not familiar with PA law.  If you are facing a decision on a pipeline across your property, FIND A COMPETENT ATTORNEY!!!  Do not do this without legal advice, you will be taken advantage of.

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Permalink Reply by PETE on May 27, 2018 at 1:46am

My understanding is only if the line has ferc status

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Permalink Reply by A. Betz on May 27, 2018 at 8:41am

thanks everyone...leaning against it because the contract is ridiculous.

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Permalink Reply by jett on May 27, 2018 at 9:35am

Look up pipeline info on this site to find the protections and fair prices.  There's loads of information.

You also might be safer with a competent oil/gas lawyer at your side with something this permanent. 

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Permalink Reply by Cicero on May 31, 2018 at 5:06am

Hello Terri,

It's been a couple of years or so since I last had to look into the issue. However, the last I knew, it is still my understanding that it depends on the specific classification of the line.

Interstate FERC transmission lines are always subject to eminent domain. Intrastate "gathering lines" are not subject to eminent domain in PA unless the pipeline company has been granted, or can attain, legal status as a "public utility." 

In PA the company that wants to run the line can resort to eminent domain only if they have been issued a "Certificate of Public Convenience" by the PA Public Utility Commission granting them legal status as a public utility.

Here is some general information taken from the Penn State University Extension site. I assume, but cannot warrant, that it still remains accurate.

Right of Condemnation or Eminent Domain

"In Pennsylvania, eminent domain or right of condemnation generally only applies to interstate transmission lines, or lines moving gas longer distances between two or more states. In other states the power of eminent domain is given to all intrastate gathering and distribution pipeline companies.

Individual gathering lines (pipelines running between well sites, compressor units, and metering stations) are not subject to eminent domain in Pennsylvania, and the pipeline operator must negotiate easements with each individual landowner along the pipeline route. A provision in Pennsylvania law does allow operators of a "public utility" to use eminent domain to secure pipeline easements."

I hope this helps you a bit.

Cicero

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