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Property in pipeline’s path disputed

A Schuylkill County man whose land is in the path of a multi-million dollar natural gas pipeline project is among those challenging the business’s eminent domain seizure of his property in federal court — and saw a setback Thursday.

Ryan J. Regec, of North Hampton, sought in U.S. Middle District Court before Judge Matthew W. Brann to prevent the injunction order being granted to Transcontinental Pipeline of Houston, Texas. Brann decided Thursday to allow the injunction order to proceed.

The company has proposed construction of a nearly 200-mile Atlantic Sunrise Pipeline, running north and south from Susquehanna to Lancaster counties. The gas is obtained from Marcellus Shale deep in the ground using the method of hydraulic fracturing.

The civil case holds potential implications for other landowners and gas pipeline companies because Regec, while never disrupting the project, has rescinded the survey process after he claimed to be unable to use a temporary access road on his property.

On Thursday, Transco’s attorneys successfully argued the need to complete the survey process on Regec’s property was urgent and a necessary step before construction takes place, which it plans to see happen in August.

“It is important this project be completed as early as possible or we lose credibility with customers,” said David Sztroin, project manager, estimating a $400 million-a-year revenue stream.

However, Regec testified that he bought the property to subdivide for building lots and the pipeline would prevent him from constructing the homes.

He said he has granted access on occasion to Transco employees for survey purposes. The Federal Energy Regulatory Commission authorized the project Feb. 3.

The overall project includes 2.5 miles of new pipeline looping in Clinton County and 8.5 miles of line in Lycoming County. The system has an existing compressor station in Lycoming County.

The specific request by the gas company is for a fraction of Regec’s 78-acre parcel, and an offer of compensation has been given, according to attorney Elizabeth U. Witmer, representing the company.

Regec, however, testified the company agents did not allow him access to his property.

“If I interfere, I will be arrested,” Regec said. “They are limiting my rights.”

Through its agents, Transco said it contacted Regec several times for the purpose of negotiating the acquisition of the rights-of-way and offered an amount higher than the appraised value, which Regec did not accept.

But Regec said that should an injunction order be granted, his land would be seized and the seizure would last for the duration with “no provision for me to have access to my property or the back of my property … the access road does not give me ability to enter my property.”

The U.S. Constitution’s Fifth Amendments just compensation clause reads “nor shall private property be taken for public use, without just compensation,” but a “quick take” ruling would delay the compensation process for years, according to advocates against the company receiving the injunction order.

The Clean Air Council, Allegheny Defense Project and Sierra Club are challenging the commission’s certificate, which allows for the petition for eminent domain condemnation of properties for which landowners have not signed easements.

Transco has expressed concern about aggressive anti-gasline protesters, some who have said on social media sites that they would do what they can to halt progress on the project.

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