This post is in response to the article by Donald Gilliland which appeared in The Patriot-News: UGI’s ‘Commonwealth Pipeline’ would spread shale wealth through Pennsylvania
The planned Commonwealth Pipeline, recently announced, would bring natural gas from Lycoming County through central Pennsylvania to the Baltimore and Washington markets. It would also bring the threat of eminent domain to property owners in central Pennsylvania. Land agents for oil and gas companies recognize that they have an obligation to negotiate with property owners, but do not have any obligation of good faith negotiations. Property owners would be wise to be wary of negotiators on behalf of company designated to build and operate the pipeline – Inergy Mid-stream. That company recently proceeded with eminent domain actions against property owners in the path of the 39-mile MARC1 pipeline in northern Pennsylvania. The company used documentation of appraisals of the strips of land in negotiations and Sullivan County court filings. Those efforts and documents are in conflict with the Pennsylvania Eminent Domain Code protections whereby property owners are protected by the property damage calculation defined as the entire property interest before the taking as compared to the entire property interest after the taking. That approach will need to be considered for the property owners to adequately protect themselves and their constitutional right to just compensation.