Eminent Domain & Condemnation
Eminent Domain is the power of the state or government to take private property for public use with payment of compensation to the landowner. The power of Eminent Domain can be delegated to private corporations and entities (such as Pipeline Companies) in limited circumstances when property is devoted to public use.
One example of a Pipeline Company’s ability to obtain Eminent Domain power is by application for a Certificate of Public Convenience through the Federal Energy Regulatory Commission (FERC). If a landowner is approached for a pipeline project that involves a pipeline company applying to FERC for Eminent Domain authority, the landowner should immediately contact an attorney experienced in pipeline easements and FERC projects to learn their rights and options regarding these major pipeline projects.
HOWEVER, Pennsylvania Law does NOT grant gas and pipeline companies the power to invoke Eminent Domain to install natural gas pipelines for gathering lines. Do not be tricked into believing that you have to agree to a Pipeline Easement Agreement because the company will ultimately obtain Eminent Domain authority. Eminent Domain authority for natural gas pipelines in Pennsylvania is very limited, and landowners must understand as soon as possible whether the company requested pipeline easement may ultimately involve Eminent Domain authority.
Attorney Doug Clark is Pennsylvania’s Landowner Laywer has represented hundreds of Pennsylvania landowners in pipeline negotiations and in many cases involving the threat of Eminent Domain and Condemnation. The Clark Law Firm, PC can help you. Learn your rights and options before it is too late to effectively negotiate or challenge these often substantial incursions on your property. Contact us today!
BONUS: Remember, without the threat of Eminent Domain and Condemnation, Pennsylvania landowners often have the ability to negotiate for substantial higher compensation than offered and to negotiate powerful Pipeline Agreement Addendum terms to protect your property and limit the pipeline company’s ability to operate on your property. Do not be bullied into signing a Pipeline Easement Agreement that will run with your property permanently. Contact us today! We are working hard to protect Pennsylvania Landowners.