We were informed that Judge Martinotti, entered two Orders yesterday impacting home owners on the proposed PennEast route:
- Extending Time to Appeal. A motion was filed to request an extension of time to appeal the December 14, 2018 Order. Homeowners are speaking with their attorneys and have until February 13, 2019 to decide if they want to appeal.
- Revised Order. Last week, homeowner attorneys filed objections to PennEast’s suggested Order. Yesterday, the Judge made a decision on the objections.
- Attorneys report that homeowners got most, not all, of what they requested. Cutting back the scope of the easement, restricting the permanent right of way and expressly addressing tree cutting were accomplished.
- The Judge rejected our request for more notice than 48 hours in advance of PennEast or their agents coming on our properties for survey. However, PennEast/Western land have been working with homeowner attorneys to see if they will agree to more advance notice of access and survey. At this point, PennEast/Western Land or their agents can come on homeowner properties on the route with 48 hours’ telephone notice.
- The Judge did say that PennEast and the property owners can seek redress from the US Marshalls. Homeowners should discuss with their attorney under what circumstances US Marshalls should be called.
Also, please note that some surveys and tests are more expansive and will take more than one day (in some cases, two or three days). Again, please consult your attorney for details on your property.