Big day for New Jersey: Judge says private company can't take state's landChristian Fernsby ▼ | September 12, 2019
A federal appeals court ruled that PennEast, a private company, cannot condemn State-owned lands in order to build part of its planned 116-mile natural gas pipeline across New Jersey, Attorney General Gurbir S. Grewal announced.
America PennEast cannot condemn State-owned lands
Topics: New Jersey company land
Agreeing with New Jersey’s arguments, the Third Circuit held that, under the Eleventh Amendment of the U.S. Constitution, the State is immune from condemnation lawsuits by private parties, including pipeline companies.
Under the legal doctrine of sovereign immunity, the State cannot be sued by a private entity without its consent.
“We will not hesitate to stand up to private companies when their actions violate the law—or, in this case, the U.S. Constitution,” said Attorney General Gurbir S. Grewal.
“From the very beginning, we have made clear that the Eleventh Amendment prohibits private pipeline companies like PennEast from condemning state properties for private use, and we’re pleased that the Third Circuit agreed with our position. This is great news for New Jersey and the environment.” ■