Court permits pipeline company to access private property
The Common Pleas Court in Medina, Ohio has ruled in favor of NEXUS, an interstate natural gas transmission company, in a long-disputed matter involving the company’s right to access property and conduct land surveys needed to construct a 250-mile long pipeline that will transport natural gas from the Utica and Marcellus shale play to Canada. The defendants, Medina County landowners, refused to grant access to their properties, blocking surveyors and bringing the pipeline project to a halt.
The case, NEXUS GAS TRANSMISSION, LLC vs. DONALD HOUSTON, et al., was a win for the industry and Bricker & Eckler, LLP, NEXUS’ counsel.
According to the court, NEXUS is a company that was organized for the purpose of transporting natural gas through pipes, conduits or tubing, which authorizes the company entrance on private land for examination purposes. Supporting case law was found in R.C. Chapter 1723.01:
If a company is organized for the purpose of…transporting natural or artificial gas, petroleum, coal or its derivative, water, or electricity, through tubing, pipes or conduits…then such company may enter upon any private land to examine or survey lines for its tubing, pipes, conduits…
For more, read the court’s ruling.
This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.Download PDF