A dose of positive news today regarding easements for the now failed Constitution pipeline courtesy of our attorney, Anne Marie Garti.
“On September 17, the judge in the condemnation cases for the now dead Constitution Pipeline issued a decision and order dissolving BOTH orders he issued in 2015: Partial Summary Judgment (granting Constitution the right to take land for the Constitution Pipeline) and the Preliminary Injunction (granting immediate access to that land). He further ordered Constitution to record the decision and order in the Office of the County Clerk. That means the title to the properties will now be free of the pipeline easement.
Even though I only submitted briefs making these arguments on behalf of my clients, he applied his decision to all of the remaining condemnation cases.
However, this decision does not apply to the landowners who accepted money from Constitution for the easement. They made a binding agreement that travels with their deed to subsequent owners. Constitution can sell the easements without informing those landowners.
This outcome proves that the perseverance of landowners can pay off at the end of a successful fight against pipelines – but only if compensation has not been paid.”
If you have received compensation from PennEast, you should consult with your own attorneys as your terms may be unique to you alone.