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COLUMBIA GAS TRANS. v. 1.01 ACRES, MORE OR LESS

Nos. 13-4458, 13-4459, 13-4460, 13-4461.

768 F.3d 300 (2014)

COLUMBIA GAS TRANSMISSION, LLC, Appellant v. 1.01 ACRES, MORE OR LESS IN PENN TOWNSHIP, YORK COUNTY, PENNSYLVANIA, LOCATED ON TAX ID # 440002800150000000 OWNED BY Dwayne P. BROWN and Ann M. Brown; Dwayne P. Brown; Ann M. Brown Columbia Gas Transmission, LLC, Appellant v. 101 Acres, and 41,342 Sq. Ft More or Less in Heidelberg Township, York County, Pennsylvania, Located on Tax Id # 30000EE1600000000, Owned by Bradley E. Herr and Elizabeth M. Herr; Bradley E. Herr; Elizabeth M. Herr Columbia Gas Transmission, LLC, Appellant v. 1.5561 Acres, More or Less in Heidelberg Township, York County Pennsylvania, Located on Tax Id # 30000ED010300000000, Owned by Myron A. Herr and Mary Jo Herr; Myron A. Herr; Mary Jo Herr Columbia Gas Transmission, LLC, Appellant v. 1.010 Acres, More or Less in Penn Township, York County Pennsylvania, Located on Tax ID # 440002800240000000, Owned by Douglas W. Hilyard and Tessa J. Hilyard; Douglas W. Hilyard; Tessa J. Hilyard.

United States Court of Appeals, Third Circuit.

Filed: September 26, 2014.

Attorney(s) appearing for the Case

Anastasia P. Cordova, Esquire   Stephen P. Mulligan, Esquire   John D. Wilburn, Esquire , (argued), McGuire Woods Tysons Corner, VA, Erin N. Fischer, Esquire McGuire Woods Pittsburgh, PA, for Appellant.

Joshua M. Autry, Esquire , (argued), Michael F. Faherty, Esquire , Lavery Faherty Patterson , Harrisburg, PA, for Appellees.

Before: RENDELL, CHAGARES and JORDAN, Circuit Judges.

OPINION

RENDELL, Circuit Judge:

The issue before us is straightforward: does Columbia Gas Transmission, LLC ("Columbia"), have the right of eminent domain to obtain easements over the land of objecting landowners, outside of the existing right of way, in order to replace deteriorating pipeline? The answer is equally straightforward and clear: yes.

The regulatory authority given to natural gas companies such...

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