Pipeline company scores a victory in fight to access private properties

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WAYNE COUNTY, OH - The company behind the NEXUS pipeline has scored another victory in its fight to gain access to privately owned properties.

A Wayne County judge granted a temporary restraining order on Monday sought by NEXUS Gas Transmission.  Judge Mark Wiest  found NEXUS would be irreparably harmed by homeowners denying its surveyors access to their yards and farmlands.  He also concluded homeowners and the general public would not be burdened by injunctive relief.

Judge Wiest stated in his judgment entry that Wayne County land owners “are prohibited from interfering with NEXUS statutory right to enter upon and survey defendants land for the proposed pipeline project.  Plaintiff (NEXUS) may enter upon the property of each of the named defendants (land owners) for the purpose of conducting survey activities, as defined in the verified complaint, including sounding, drilling, appraisals, environmental surveys and other examinations as are necessary and proper for the proposed pipeline project.  No work shall be permitted that would constitute an appropriation of land for purposes of completing the survey of defendants (land owners) land for the proposed pipeline project.”

Meanwhile, NEXUS and property owners in Summit County appeared before Judge Mary Margaret Rowlands Monday afternoon.  NEXUS filed a motion for a temporary restraining order that would allow its representatives immediate access to properties potentially affected by its proposed pipeline project.  NEXUS argued failure to gain access would cause irreparable harm due to missed deadlines and millions of dollars in monthly fines.  An attorney for landowners said NEXUS deadlines were self-imposed and that penalties, in many cases, would be paid to its partners.

Judge Rowlands said she would have a decision no later than Wednesday.

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