On Dec. 14, 2018, the United States District Court for the District of New Jersey rendered a long awaited decision in the PennEast natural gas pipeline litigation which authorized the pipeline company to use the power of eminent domain to take possession of private property to complete various surveys and tests in order to pursue necessary permits and approvals from state and federal agencies. In re PennEast Pipeline Company, No. 18-1585 (D.N.J. 2018).

The litigation was commenced under the Natural Gas Act (NGA), 15 U.S.C. §717(h) and Rule 71.1 of the Federal Rules of Civil Procedure. There have been several lawsuits and appeals filed relating to the regulatory decision to allow the pipeline to proceed, all of which are beyond the scope of this article. Here, we will address two issues that were litigated in the PennEast case and highlight two differences in NGA eminent domain cases and takings under the New Jersey Eminent Domain Act of 1971. N.J.S.A. 20-3.1, et, seq.