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Supreme Court of the United States › Condemnation

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Saul Ewing LLP

U.S. Supreme Court Decides Two Takings Cases in One Week

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It is rare for the Supreme Court to decide cases involving the Constitution’s Takings Clause, and, indeed, not uncommon for the Court to go years without considering the Clause at all; so, when the Court issues two decisions...more

Roetzel & Andress

U.S. Supreme Court Holds That Private Company Can Exercise Federal Condemnation Authority Over State-Owned Land

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The U.S. Supreme Court shocked many observers with its recent decision in PennEast Pipeline Co. v. New Jersey by holding that sovereign immunity does not insulate State-owned land from being condemned by a private company in...more

Opportune LLP

Court Rulings, Delays & Cancellations Underscore Challenges For Gas Pipeline Construction

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Find out what challenges the natural gas industry faces to construct new pipelines and how these challenges have impacted gas supplies, particularly in the Northeast....more

Troutman Pepper

Supreme Court Rules that PennEast, Gas Pipelines May Condemn State-Owned Land

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On June 29, 2021, the Supreme Court of the United States ruled that a certificate of public convenience and necessity issued by FERC under section 7 of the Natural Gas Act (“NGA”) authorizes a private company to exercise...more

Alston & Bird

Supreme Court Decision in PennEast Pipeline Co. v. New Jersey Is Major Win for Pipelines

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The U.S. Supreme Court held that natural gas companies holding a Section 717f(e) certificate have the power to condemn state-owned land under the Natural Gas Act. Our Environment, Land Use & Natural Resources Group discusses...more

Holland & Knight LLP

Supreme Court Upholds Interstate Pipeline Eminent Domain Powers Over State Immunity

Holland & Knight LLP on

In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more

Ballard Spahr LLP

Supreme Court Rules that Private Parties May Condemn State-Owned Property

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On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA). The decision resolved an issue that could have blocked construction...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2021

Dorsey & Whitney LLP on

Minerva Surgical, Inc. v. Hologic, Inc., No. 20-440: In the late 1990s, Csaba Truckai invented and patented a device to treat abnormal uterine bleeding. Truckai assigned his interest to his company, Novacept, which in turn...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides PennEast Pipeline Co. v. New Jersey

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On June 29, 2021, the U.S. Supreme Court decided PennEast Pipeline Co. v. New Jersey, No. 19-1039, holding that the Federal Government had properly delegated to private companies federal authority to condemn necessary...more

Nossaman LLP

SCOTUS’ Take On Takings

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The Supreme Court of the United States rarely hears anything related to eminent domain or takings cases; the Kelodecision in 2005 was the latest “big” case for our industry, although the 2019 Knick decision also made...more

Morgan Lewis - Power & Pipes

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

Morgan Lewis - Power & Pipes on

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act...more

Ballard Spahr LLP

Supreme Court Agrees to Hear Pipeline Condemnation Case

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On February 3, the U.S. Supreme Court granted certiorari in PennEast Pipeline Company, LLC v. New Jersey, a case that could determine whether private gas companies can condemn state-owned property. In this case, a unanimous...more

Fox Rothschild LLP

SCOTUS Asked To Hear Tribal Land Condemnation Case

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A New Mexico utility has filed a petition asking the U.S. Supreme Court to hear an appeal of a decision precluding it from condemning land for a power line because the Navajo Nation held an interest in that property. The...more

Nossaman LLP

Big Year For Published Eminent Domain Decisions

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Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

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