Pipeline Co. Can Take Land Despite Ongoing Proceedings

A construction company can take land to build a natural gas pipeline immediately, even as eminent domain proceedings continue, the U.S. Court of the Appeals for the Federal Circuit ruled Feb. 5.

The company would otherwise fail to meet a deadline set by the Federal Energy Regulatory Commission, the court said.

FERC approved Mountain Valley Pipeline LLC’s application to build a 303.5-mile-long natural gas pipeline through West Virginia and Virginia in October 2017. MVP negotiated easements for most of the land and initiated eminent domain proceedings for the rest.

Three district courts granted MVP preliminary injunctions allowing it to take ...