Commonwealth Pipeline is looking to construct an interstate natural gas pipeline from Lycoming County that is planned to pass through several northern Chester County Townships (which may include Upper Uwchlan, East Nantmeal, Warwick, and possibly others).
The timing and the route – and perhaps the pipeline itself – are uncertain, but some landowners have received letters asking permission to survey on their land, and Commonwealth Pipeline has a timetable that could have construction starting as soon as within the next year.
If it does come, the company will be approaching landowners to negotiate rights of way; and if negotiations are not fruitful, the company may be empowered to take them through the power of eminent domain. This type of pipeline is regulated by Federal Energy Regulatory Commission (FERC); if FERC approves it, then, as a public utility, the company would have the power to use eminent domain to take easements it cannot negotiate.
This process is complex, and involves many important legal, financial and environmental issues. Landowners whose properties are subject to conservation easements will have special concerns to address.
For more information, see the Article at http://www.utbf.com/pennsylvania-law-articles.html?a=40, and for assistance in these or any other real estate issues, contact any member of our Real Estate Practice team, William Burke , Theodore Claypoole.
