Company asks judge to award land via eminent domain
A Texas natural gas company filed a federal lawsuit against the owners of land in German Township, asking a judge to allow the company to take just more than 3.2 acres of their land through eminent domain.
Texas Eastern Transmission, LP, a Houston-based company, filed the complaint against Mark Prah Sr. and Mark Prah Jr., both of New Salem and Lu Ann Prah and Tiffany Prah, both of McClellandtown.
The filing by attorney Donald M. Lewis III indicated that the Federal Energy Regulatory Commission authorized the company “to engage in the transportation of natural gas in interstate commerce for ultimate public consumption, subject to FERC’s continuing jurisdiction.” To do that, the company may take land by eminent domain, the suit indicated.
The suit identifies two tracts of land off Windy Hill Road, north of Lambert Road, in the township. Those tracts are owned by different members of the Prah family, the suit alleged.
Use of those tracts is necessary as part of a construction plan to add 3.23 miles of a new 36-inch diameter pipeline loop in Fayette County.
“It is necessary for Texas Eastern to obtain immediate entry to each of the properties in order to commence construction by April 2012 and otherwise comply with the FERC-approved in-service date of November 2012.”
Lewis alleged that attempts to get paperwork in place to use the land have been unsuccessful.
The suit asks for a judge to award the company the land through eminent domain, and to determine what just compensation for the land would be.