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Columbia Gas Transmission, LLC v. 2.510 Acres of Land in the Borough of Swedesboro
Citations: 86 F. Supp. 3d 291; 2015 U.S. Dist. LEXIS 14432; 2015 WL 667479Docket: Civil Action No. 15-212 (JBS/KMW)
Court: District Court, D. New Jersey; February 5, 2015; Federal District Court
Columbia Gas Transmission, LLC filed six condemnation actions to obtain permanent and temporary construction easements for a new 9.6-mile pipeline in Gloucester County, New Jersey. The plaintiff sought injunctive relief under the Natural Gas Act and Federal Rule of Civil Procedure 65, requesting immediate possession of the easements before compensation was determined for the landowner defendants. On January 28, 2015, the court granted immediate possession in five actions but deferred a decision for landowner Gary Stecher due to delays in service. After serving Stecher, a scheduled hearing was canceled at the request of the parties since Stecher did not object to the relief sought. The court then concluded that Columbia Gas was entitled to immediate possession of the easements across Stecher's property, referencing a prior opinion that outlined the factual history of the case. The Federal Energy Regulatory Commission had previously authorized the project, finding it necessary for public convenience and identifying minimal adverse impacts. Despite ongoing negotiations since 2012, an agreement with Stecher could not be reached, prompting the request for immediate possession, which Stecher did not oppose. The Court determined that the Plaintiff has a valid right to condemn the properties of the landowner defendants under the Gas Act, 15 U.S.C. 717f(h), and that immediate possession is warranted. The Court's conclusions are based on previous rulings in Columbia Gas Transmission, LLC, which established that the Plaintiff is entitled to exercise eminent domain over specific portions of Defendant Stecher's property, backed by the Gas Act and a FERC certificate. The Court evaluated the factors for granting a preliminary injunction and found them to favor immediate possession. Notably, FERC's issuance of a certificate of public necessity, minimal harm to the Defendant (as funds will be deposited in the Court’s registry), and significant potential financial losses to the Plaintiff were critical considerations. Consequently, the Plaintiff's motion for a preliminary injunction is granted, and an accompanying Order will be issued, allowing for condemnation, payment posting into the Court's registry, and access to the premises for construction. The amount of just compensation for Defendant Stecher remains undetermined, and if the parties do not reach an agreement, a scheduling conference will be held to set a compensation hearing as per Federal Rule of Civil Procedure 71.1.