Legal Opinion

Transcon. Gas Pipe Line Co. v. Permanent Easements for 2.14 Acres & Temp. Easements for 3.59 Acres in Conestoga Twp.

Court of Appeals for the Third Circuit

Decided October 30, 2018No. 17-3075; 17-3076; 17-3115 & 17-3116PublishedCited by 39 opinions

1Opinion of the CourtRoth, Circuit Judge

Congress may grant eminent domain power to private companies acting in the public interest. This appeal requires us to determine the limits on Congress's grant of eminent domain power to private companies building gas lines under the Natural Gas Act (NGA), 15 U.S.C. § 717f(h).

The NGA gives natural gas companies the power to acquire property by eminent domain, but it provides only for standard eminent domain power, not the type of eminent domain called "quick take"

that permits immediate possession. 1 The District Court granted a preliminary injunction to Transcontinental Gas Pipe Line Company,…

2Cases cited32 opinions

  1. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  2. Shirley Presley v. City of Charlottesville Rivanna Trails FoundationCourt of Appeals for the Fourth Circuit · 2006
  3. De Beers Consolidated Mines, Ltd. v. United StatesSupreme Court of the United States · 1945
  4. Colleen Reilly v. City of HarrisburgCourt of Appeals for the Third Circuit · 2017
  5. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990

27 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. United States v. 8.929 Acres of Land in Arlington County, VirginiaCourt of Appeals for the Fourth Circuit · 2022
  2. Transcontinental Gas Pipe Line Company, LLC v. Gail Brandon CochranCourt of Appeals for the Eleventh Circuit · 2018
  3. Allegheny Defense Project v. FERCCourt of Appeals for the D.C. Circuit · 2020
  4. Transcon. Gas Pipe Line Co. v. Certain EasementsDistrict Court, M.D. Pennsylvania · 2019
  5. Allegheny Def. Project v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2019

34 more not listed; retrieve them via the Exa API.

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