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Company Allowed To Seize State Land For Pipeline

2021

The U.S. Supreme Court rules 5-4 that the PennEast Pipeline Co. can seize land from the state of New Jersey to build a natural gas pipeline in a case that pitted fossil fuel interests against states’ rights. The majority opinion said the federal government can deputize private entities like the PennEast to seize land under the federal government’s eminent domain rights. New Jersey had argued that the company taking its land violated its sovereign immunity protecting it from lawsuits, including property condemnation suits. The Court said that the state gave up its ability to evade eminent domain by ratifying the Constitution. The case is PennEast Pipeline Co. v. New Jersey.