Real Estate & Property Law

Administrative Judge Opposes Public Utility Application

By Alan Ackerman

In every jurisdiction, in order to acquire private property, a private profit-making corporation must be regulated. As such, pipeline companies, electric companies and the like are required to obtain public utility or public service commission designations as utilities. Under such, the state is then able to regulate the utility.

A private pipeline company has attempted to become a public utility in order to acquire properties by eminent domain. The Administrative Law Judge, in the attached Order, rejected the application. However, the application is subject to Public Utility Commission review.

Pittsburgh Post-Gazette

Pennsylvania's public utility regulators are being advised to reject an effort by a natural gas pipeline firm that could help it secure the power of eminent domain on private property.

If regulated as a utility, Laser Northeast could try to take private property to build its pipeline.

Some gas lines are currently unregulated in Pennsylvania, although the commission has asked the Legislature to grant it that power.

Full post as published by National Eminent Domain Blog on December 09, 2010 (boomark / email).