The Winning Court Argument That Confirmed Eminent Domain Power for a Pipeline.

The Winning argument of the Pipeline: The pipeline is intrastate and not regulated by FERC. See, look here, Pennsylvanians get a public use/benefit. 

What’s the deal? Pennsylvania courts have been wrangling with whether a Sunoco pipeline qualifies for eminent domain. 

Why does Intrastate or Interstate matter? Eminent domain usually requires a public use or benefit. An interstate pipeline that doesn’t provide supplies to a state may not offer a public use or benefit, and thus has no eminent domain?

How did Sunoco get eminent domain authority? 2 Reasons Why

1. Sunoco is a ‘public utility corporation’ as defined at 15 Pa. CSA Section 1103 which gives it eminent doamin authority

2. The project in its details, explains how Pennsylvanians will benefit from pipeline supplies. Folks, this part is crucial to seal the deal for eminent domain.

Legal Intelligencer | Judge Rules Sunoco Has Eminent Domain Power in Pipeline Project