Mike Faherty will serve on the faculty of the National Business Institute Seminar Eminent Domain From Start to Finish. Mike will speak on Settlement Strategies on August 19, 2013 in Harrisburg, Pa. Registration information may be obtained from the National Business Institute at www.nbi-sems.com.
Mike Faherty completed litigation of a Lehigh County condemnation for a road widening. The Condemnor asserted the commercial property was vacant and offered $63,600. Faherty presented evidence that the former gas station was used as a motor vehicle repair garage and vehicular access was eliminated during construction. The Board awarded $110,000 in property damages plus delay damages and professional fees.
A recent Patriot News publication titled Here It Comes described the anticipated natural
gas pipeline planned to run from Lycoming County, PA, to Rockville, MD.
The article touted the anticipated lower energy prices in Central Pennsylvania. However,
other unfavorable aspects of the process are also coming to Central Pennsylvania.
The article repeatedly quoted Bill Moler, the Chief Operating Officer of the responsible
company, Inergy Midstream. He described the company’s approach of paying for
property damages in a manner in which the various owners along the route would receive
the same amount of money per foot of the right-of-way acquisition. Unfortunately, this
plan and approach to property rights is in direct conflict with the controlling Pennsylvania
law, the Pennsylvania Eminent Domain Code.
The correct approach to damages, which may be much more costly to Inergy Midstream,
is to pay eminent damages based on the fair market value of the entire property interest
before and after a condemnation. The proper approach would suggest that a peaceful
residential property would have much more significant monetary damages than a vacant
property. Property owners would be wisely cautious in dealing with a company which
seeks to avoid paying fairly for the acquisition of property rights.