Joining other courts, which appelate court denied immediate eminent domain authority for a pipeline? A Pennsylvania appeals court
What argument is made to deny eminent domain authority to the pipeline?
- The pipeline has not obtained approval from the state agency that must approve a certificate of convenience and necessity to trigger eminent domain authority
- Plus, the pipeline is interstate
- so it can’t be regulated by the state
- and, there is no interstate eminent domain authority
- There is no public benefit to Pensylvania because the goods carried on the pipeline will be used for export