Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Panich52

(5,829 posts)
Tue Feb 9, 2016, 02:37 PM Feb 2016

PA Landowners Object to Tree Cutting for Constitution Gas pipeline

From FrackcheckWV

PA Landowners Object to Tree Cutting for Constitution Gas pipeline

Maple Syrup Farm under Imminent Threat

Standoff Imminent as Penna. Family Opposes Pipeline Tree Cutting Thru Maple Syrup Operation

Press Release from Cathy Holleran & Megan Holleran, North Harford Maple Syrup Farm, New Milford, PA

New Milford, PA — Constitution Pipeline Company received federal permission to cut trees Friday afternoon on properties in Susquehanna County, including those obtained by eminent domain condemnation and through a commercial maple syrup operation.

A partial Notice to Proceed with non-mechanized tree cutting was issued by the Federal Energy Regulatory Commission on Friday afternoon for the Pennsylvania portion of the Constitution Pipeline. Tree cutting is imminent and can begin any time during daylight hours today through March 31, the deadline set by FERC.

The Constitution Pipeline is a project of Williams Pipeline Companies and Cabot Oil & Gas to be used to transport shale gas obtained through the controversial process of hydraulic fracturing, or “fracking”. The right of way would be at least 100-ft wide, with additional intermittent 50 foot wide workspaces and access roads.

One New Milford family, led by Catherine Holleran and her daughter, Megan Holleran, have opposed eminent domain condemnation of an access road, an additional workspace, and more than 1,670 linear feet of their own property, which is used for maple syrup production by their family business, North Harford Maple.

Megan Holleran said, “This is our land and family business. The pipeline has been years in permitting and we just staged our equipment to set up for this year’s syrup production. If they cut the trees now, they would destroy our equipment and that’s criminal. That’s property destruction. We asked them to speak with our attorney before cutting and that hasn’t happened yet. I’m ready to stop them by standing in the right of way if they try.”

In February 2015, federal judge Malachy Mannion in Scranton ordered that the Holleran property and several others in Susquehanna County be condemned using eminent domain for the private use of Constitution Pipeline Company. ...

More:
http://feedproxy.google.com/~r/frackcheckwv/~3/OX7w1QfIjE4/?utm_source=feedburner&utm_medium=email @frackcheckwv #fracking #environment

7 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
PA Landowners Object to Tree Cutting for Constitution Gas pipeline (Original Post) Panich52 Feb 2016 OP
That is just awful. femmocrat Feb 2016 #1
At the same time that fracking companies in the region are going bankrupt. (nt) enough Feb 2016 #2
Support these people BoyBlue2 Feb 2016 #3
Thanks for the info. blue neen Feb 2016 #4
That judge has been bought benld74 Feb 2016 #5
No, the law REQUIRES the Judge to do eminent domain when the parties can NOT agree on a price happyslug Feb 2016 #6
Expect similar bullying from the PennEast pipeline here in eastern PA Number9Dream Feb 2016 #7
 

happyslug

(14,779 posts)
6. No, the law REQUIRES the Judge to do eminent domain when the parties can NOT agree on a price
Wed Feb 10, 2016, 12:48 AM
Feb 2016

Congress passed the law giving this pipeline the right to do eminent domain and all the Judge is doing is following the law. Here the owner of the property has refused to sell the right of way so the pipeline company did what it is permitted to do by law, condemn it and take it.

The only remaining issue is the price. The parties can now argue over the price of what was taken. It must be what a willing buyer would sell to a willing seller but that is up to a jury to decide. Thus a jury (and given this is a Federal Judge a Federal Jury from some county in that district, but I doubt it will be a jury from that county) to decide how much the property owner is to be paid.

Please note, the price must include the lost of business and even the loss of privacy, but that is up to a jury to decide. Hopefully millions of dollars and the property owner has the money to defend any such large amount for if it is to high the pipeline will appeal the decision to get the amount reduced.

Number9Dream

(1,562 posts)
7. Expect similar bullying from the PennEast pipeline here in eastern PA
Wed Feb 10, 2016, 11:29 AM
Feb 2016

Best wishes for the North Harford Maple Syrup farm.

Latest Discussions»Region Forums»Pennsylvania»PA Landowners Object to T...